Legal Question in Civil Litigation in New York

Hi, My partners changed the locks on me on our buisness and they are continuing to operaste the business without me there and the DMV lisence are in my name both repair and auto sales. I signed a lease as a personal garantor and the landlord wont release me from the lease even though Im no longer there. What do I do? My ex-partners said they will sign a release saying they will be liable for the lease is this possible. Please help not sure what to do. In the mean time my family is suffering.


Asked on 10/20/10, 4:54 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

Without reading the partnership agreement, it is difficult to determine what your rights are regarding the dissolution of the business and the value of your share. You may have to bring suit against them to obtain your value or end the business.

It appears that you have joint and several liability on the lease. Therefore, even if your partners agree to indemnify you if the landlord comes after you, you run the risk that you will still have to pay if they become insolvent.

As you see, this is a somewhat complex issue that cannot be resolved in this forum. Therefore, you should schedule a consultation with an attorney to review the partnership agreement and discuss your options.

Also licensed in New York and practicing on Long Island. (516)491-4610.

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Answered on 10/29/10, 9:16 pm


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