Legal Question in Business Law in New York
partner changes locks,steals eqiupment, inventory
I have a partnership/LLC. I have been negotiating with my partner to buy me out, due to''irreconcilable differences''. During his time in deciding he changed the locks, then refused to provide me with a key. Last conversation, w/ a witness, he said that he didn't want to pay me and wanted to operate the business and pay down some debt.The following morning I recieved a voice mail from the landlord stating that my partner informed him that we closed up the night before and were done. I went over to the business and met the landlord, who let us in to find essentially everything gone. What can I do?? Thank you in advance for the help!
3 Answers from Attorneys
Re: partner changes locks,steals eqiupment, inventory
Subject to any partnership agreement you might have had etc., If you were a partner in the business you would certainly have claims etc. against your other partner. If you are located in the NYC region we would be happy to discuss things with you.
Re: partner changes locks,steals eqiupment, inventory
If you have a partnership agreement, you must comply with its terms as to how to obtain an accounting, etc. I suggest retaining a local attorney and sue your partner for an accounting of assets belonging to the LLC, to surcharge him for any misapprpriated property, and to dissolve the partnership, plus whatever else he may done to destroy the business.
Re: partner changes locks,steals eqiupment, inventory
You must immediately commence an action for an accounting and, if there were assets and property (such as bank accounts and equipment), you must obtain a restraining order to prevent the sale or damage to that property. Unfortunately, litigation is your only choice. Our office handles such matters (please see our web site). If you wish to arrange for a consultation to discuss your options, you can call us at (212) 267-7000.
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