Legal Question in Business Law in New York

Can you tell me the issues/torts/crimes with this scenario? And how it will turn out and remedies for the situations? Thank you!

Owning a business is incredibly rewarding. But it can sometimes be challenging-- as Claire and Phil have recently learned.

Claire and Phil own a successful real estate office where they sell primarily high-end luxury homes. They often deal with potential buyers who are from many different states. Claire and Phil recently learned that one their potential buyers, Mitchell, believes that they committed fraud when Mitchell�s deal to buy a sweet home fell through and shortly thereafter Claire�s father Jay became the new owner of the home. They have learned that Mitchell plans to sue them. He lives in California and Claire and Phil�s business is in New York. Claire wonders if Mitchell will be able to sue in Federal court.

Meanwhile, Claire and Phil have learned that one of their former employees, Haley, has hired a lawyer to pursue a legal claim against them for employment discrimination. Claire and Phil don�t need protracted litigation. They are wondering if there might be something they can do other than litigation. They also wonder if there is some way they could protect themselves from expensive litigation with disgruntled employees in the future.

But before Claire and Phil can focus on finding a solution to their problem with Haley, their Marketing Director Luke comes running through the door in tears. An exasperated Luke tells Claire and Phil that the NYS Board of Realtors has pulled all of their commercials off of the radio claiming that the commercials are too sexy. Claire and Phil�s business is dependent on these commercials, which generate thousands of phone calls each month. Without the commercials on the radio, their primary customers won't know about their business. The commercials talk about �generating more excitement in the bedroom�� an intended play on words with home buyers getting excited about a new bedroom. The Board of Realtors claimed that under its regulation, the radio commercials were banned as offensive to protect children and young adults from being exposed to material beyond their level of maturity.

And as if their day could get any worse-- Claire, Phil and Luke are interrupted by the sound of loud voices in the reception area of the office. They rush to reception to find Lily, their Financial Manager, arguing with two large police officers. The two officers are trying to tug a binder out of Lily�s hands and with one last big tug are, in fact, successful. When Phil asks the officers what is going on, they advise him that if what they think is in the binder, is in fact in there, they'll be back to make some arrests. When the police leave, Phil and Claire learn from Lily that the police walked in the front door and demanded to see the financial records. When she asked them for a warrant apparently they told her that they did not need one because a client of the business told them that Lily had been taking the money clients gave her for classes and depositing it into her own account instead of into the studio account. Lily denied this but the officer went behind the desk and grabbed the binder marked "financial records" anyway. Lily assured Phil and Claire that she had done nothing of the sort. But one hour later, the police arrived and arrested Lily.

Deciding that they had simply had enough today, Phil and Claire decide to go and visit the one true bright spot in their lives, their daughter Millie. Unfortunately, when they arrive at Millie�s apartment, Phil and Claire learn that things in Millie�s life have not been much better. Over cups of coffee, Millie relays to Phil and Claire the following story.

Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Millie said that Bernard came to Millie's house while she was working in the yard. He walked behind her and shoved her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.

Millie tells Phil and Claire that she has been a complete emotional wreck since that day�is afraid of being alone, and can�t go to work. She wonders what she should do or if she might be in trouble.


Asked on 4/30/14, 11:44 am

1 Answer from Attorneys

Kristen Browde Browde Law, P.C.

Trying to get answers to a final exam question up is cheating.

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Answered on 4/30/14, 11:49 am


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