Kirwan Law Syracuse NY Lawyers | Business Law, Litigation Attorneys 2026-09-14T11:18:51Z https://www.kirwanlawnewyork.com/feed/atom/ WordPress /wp-content/uploads/sites/1404922/2025/10/cropped-Kirwan-law-site-icon-32x32.png On Behalf of Kirwan Law <![CDATA[Should you register your business before signing contracts?]]> https://www.kirwanlawnewyork.com/?p=49109 2026-09-14T11:18:51Z 2026-09-14T11:18:51Z What happens if you sign before registering? In some situations, a business can sign a contract before formal registration. The contract may still be valid, but the result depends on the business structure and the way the agreement is signed. In some cases, contracts signed on behalf of a business entity that has not yet been formed may expose the signer to personal liability unless the entity later formally accepts – or ratifies – the agreement once it is formed. If a person signs in a personal capacity, that person may face personal liability for the contract. Personal assets may be at risk if a dispute leads to liability.

How does registration help?

Forming a business entity can offer several advantages, including:
  • Creating legal separation between personal and business assets
  • Helping limit personal liability for some business debts and contract obligations
  • Giving the business a more professional appearance to clients and vendors
  • Making it easier to open business accounts and apply for credit
These benefits usually depend on when the entity is legally formed and how the contract is signed.

What if you sign now and register later?

Some owners sign first and plan to move the contract to the new business later. That can create problems if the other party does not agree to the change. The original signer may still remain responsible unless the other party agrees to substitute the new business entity under the contract – a process generally known as novation. Simple assignment of a contract typically does not release the original signer from personal liability. Business registration timing can also affect how smoothly a deal moves forward. Some clients, lenders and vendors may ask for proof of registration before signing a major agreement.

Why timing matters

Registering before signing contracts can give a business a clearer legal structure for day-to-day operations. It may also reduce the chance of confusion about who is responsible under the agreement.]]> On Behalf of Kirwan Law <![CDATA[What if weather contributes to a crash? Do you still have a claim?]]> https://www.kirwanlawnewyork.com/?p=49107 2026-09-09T05:16:25Z 2026-09-09T07:14:24Z As you well know, the conditions of Syracuse roads have a big impact on drivers’ safety. When rain or snow make the roads slick and slippery, the chance of an accident occurring can increase significantly. You know that risk exists, but if an accident occurs when the weather conditions are poor, is it still possible to file a claim for compensation?

Bad weather doesn’t eliminate negligence

Say you are driving home on a rainy day. Your light is green, so you keep driving right through the intersection, but the driver coming up to the red light hydroplanes and crashes into you. While the wet roads certainly are a causing factor in this situation, the other driver may not be entirely without fault.  Bad weather does not rule out negligence – in fact, it often only increases the risk. After all, drivers are responsible for adjusting to the road conditions.  That generally means that when the weather is poor, motorists should: 
  • Drive slower, often below the speed limit
  • Be extra defensive and aware behind the wheel
  • Leave enough space between vehicles for increased stopping distances
Yet, a 2026 report from the National Highway Traffic Safety Administration (NHTSA) highlights that speeding was a significant factor in accidents that occurred in bad weather, such as rain or snow events, in 2024. Speeding or failing to accommodate for the weather behind the wheel, can make the road even more dangerous than the weather alone.  If the other driver did not take proper precautions on account of the weather or road conditions, it is possible that they could be found negligent and at fault for the crash. In turn, you would have the option to file a personal injury claim and recover compensation in this situation. 

Even so, take care as the seasons change

It may still be September, but the autumn often brings rain to Syracuse. With winter following not long after, drivers will be grappling with snowy streets before they know it. This time of year brings almost a constant shift in weather conditions. You may not be able to control how other drivers react when a storm hits. However, you can prepare yourself to stay extra alert and safe on the road, no matter the weather. ]]> On Behalf of Kirwan Law <![CDATA[When should New York freelancers register a business?]]> https://www.kirwanlawnewyork.com/?p=49104 2026-09-01T19:18:19Z 2026-09-01T19:18:19Z Does income level trigger registration requirements? Freelancers do not usually have to register a business just because their income goes up. Many can earn money under their own names and stay unincorporated. Tax planning benefits may become more important as income grows. Self-employment tax applies to freelance earnings. Some business structures may offer tax and planning benefits through deductions and retirement contributions. Many freelancers register when the work becomes steady enough to justify the filing costs and ongoing compliance requirements. New York law may also require a filing when a freelancer uses a business name other than their own legal name. In many cases, this means filing a certificate of assumed name, often called a DBA, with the county clerk before doing business under that name. If the freelancer works in New York City, an additional city filing may also apply.

When does liability protection become necessary?

Freelancing can bring more risk as contracts get larger or services become more complex. Without a registered entity, personal assets are exposed to business-related claims by default. – a sole proprietor and the business are legally the same person. Forming an LLC or corporation creates a legal separation that limits that exposure, provided the business is properly maintained and operated as a distinct entity. Limited liability companies and corporations can help create separation between personal and business assets. Courts generally respect that separation when the business is properly formed and and operated as a distinct entity. It means maintaining separate bank accounts, separate finances and consistent use of the business name in contracts and invoices. Freelancers in fields like consulting, construction or technology often register when contracts grow large enough that a business dispute could pose a significant financial risk.

How do you choose the right structure?

For many freelancers, the right time to register depends on risk, income and future plans. Looking at those factors can help a freelancer choose the right structure. If you are unsure what fits your situation, an attorney can help explain your options.]]> On Behalf of Kirwan Law <![CDATA[Can a caregiver inherit under a contested will?]]> https://www.kirwanlawnewyork.com/?p=49099 2026-08-31T20:44:38Z 2026-08-31T13:00:23Z caregiver often becomes an important part of an older person’s life. They may provide daily support, help with personal needs and build a close relationship over time. When a will leaves a large inheritance to a caregiver, family members or other beneficiaries may question whether the gift reflects the person’s true wishes. In New York, a caregiver can inherit under a will. However, someone may challenge the will if they believe issues such as undue influence, fraud or a lack of mental ability affected the person’s decisions. A caregiver’s relationship with the person alone does not make an inheritance invalid.

Why caregiver inheritances may lead to will contests?

A caregiver receiving an inheritance does not automatically mean the will has a problem. However, certain changes or circumstances may cause family members to look more closely at how the testator created the will. Concerns may arise when there are signs such as:
  • Modifying a will suddenly to leave a disproportionate share of the estate to a caregiver.
  • Involving a caregiver directly in arranging legal meetings or influencing estate planning decisions.
  • Isolating an older adult from family members, close friends, or long-standing support systems.
  • Creating a new inheritance plan that directly contradicts previous wills or long-stated wishes.
While these situations raise red flags, they do not automatically prove wrongdoing. The New York Surrogate’s Court evaluates the surrounding facts to determine whether the document reflects the individual's genuine intentions.

How do New York courts review caregiver inheritance disputes?

When someone challenges a will, the court may review several details about the person who created the will and the circumstances around it. The court may consider if the person understood their decisions and if someone pressured them into making certain choices. Under New York Estates, Powers and Trusts Law, a person generally must meet age and mental ability requirements to create a valid will. Evidence in a caregiver inheritance dispute may include:
  • Medical records documenting the person's mental and physical condition when the will was executed.
  • Prior estate planning documents establishing previous distribution plans and long-term intentions.
  • Witness testimony from friends, family, and associates regarding the person's relationships and daily life.
  • Financial records and communications detailing transactions, messages, and interactions involving the caregiver.
Understanding the caregiver's role provides critical context, helping the court evaluate the nature of the relationship, the decedent's true wishes, and the events surrounding the inheritance.

Why does every estate dispute depend on the facts?

A caregiver’s inheritance may create questions among family members, but the gift itself does not determine the result of a will contest. The outcome may depend on the person’s health, how the person created the will and the caregiver’s involvement in the estate planning process. Each situation may involve different relationships, financial concerns and family circumstances. Looking at the full picture may help explain why the testator changed the will and if concerns about the inheritance have a basis.

Looking closely at the full picture

Estate disputes often involve complicated family relationships and important financial decisions. Understanding how New York probate disputes work may help heirs, beneficiaries and others better evaluate concerns about a caregiver’s inheritance.]]> On Behalf of Kirwan Law <![CDATA[3 steps to take before suing a business partner in New York]]> https://www.kirwanlawnewyork.com/?p=49101 2026-08-13T08:41:04Z 2026-08-13T08:41:04Z understanding your legal rights can make the process easier to manage.

What to do after a partnership dispute

New York gives business partners different deadlines for filing a lawsuit, depending on the type of conflict. Before suing a business partner in New York, take these three steps to understand your options and protect your business interests:
  1. Review your partnership agreement: The partnership agreement will have details about major business decisions and profit divisions. If there is no written agreement, looking for bank records, emails and contracts can help you clarify your ownership rights and support your position when the dispute leads to litigation.
  2. Request an accounting: If you suspect your partner has misused partnership money, ask for an accounting. This can determine how partnership funds and assets were handled and what each partner owed.
  3. Check your legal options: Understand what type of legal claim may apply to your situation. A dispute could involve breach of contract, breach of fiduciary duty or dissolution of the partnership, depending on the facts.
New York has a special rule for disputes between business partners: While the partnership is still active, you usually cannot directly sue your partner for money. You generally must first ask the court for an accounting to determine what each partner is owed or seek judicial dissolution to end the partnership.

Building a stronger business future

Understanding partnership laws can be important in preserving your interests. When a partnership is just not working out, dissolving the business may be the viable option. Knowing the right legal steps at the right time can save you money and help you make better choices for your business.]]> On Behalf of Kirwan Law <![CDATA[Sentimental items can lead to probate disputes]]> https://www.kirwanlawnewyork.com/?p=49052 2026-07-21T19:51:08Z 2026-07-21T19:51:08Z Probate disputes between family members do sometimes involve high-value assets. The focus is on the financial value more than anything else. An example could be siblings who are fighting over how to split up $10 million that their parents had in the bank when they passed away. They all want their share of the money.  But one important thing to keep in mind is that items with strictly sentimental value can also lead to probate disputes. Children may feel nostalgic about books, artwork, home furnishings, vehicles, jewelry collections and much more. Disputes often revolve around who should get specific assets, and the children are not focused on the financial value at all. This often complicates the chances of finding a resolution. If they were just thinking about financial value, they could sell the asset and split up the money. But with sentimental value being the main driver behind the dispute, selling it does not actually make sense.

Major assets can also have sentimental value

Additionally, remember that some valuable assets may be worth a lot financially, but also contain sentimental value that makes it difficult to determine how to address them. An example could be a family cabin or a vacation property. If children grew up going there every summer with their parents, some of them may want to keep the property in the family so that they can go with their own children. Others, however, may see real estate as a valuable asset that should be sold so that they can split up the proceeds. Ideally, parents will leave an estate plan to provide guidance to their children. But even when they do, disputes are still possible, and it is important for those involved to understand their legal options while going through probate litigation.]]> On Behalf of Kirwan Law <![CDATA[4 contract red flags every Syracuse entrepreneur should know]]> https://www.kirwanlawnewyork.com/?p=49046 2026-07-21T13:57:04Z 2026-07-21T13:52:37Z Identifying contract red flags Contracts are not just paperwork. They explain payment terms, party duties, liability for mistakes and dispute resolution methods. Unclear contract terms can lead to misunderstandings and disputes, so it's wise to look for any red flags and examine everything carefully before signing. Common contract red flags include:
  1. Automatic renewal clauses: Some contracts renew automatically unless cancelled before the deadline. Certain New York laws require explicit written renewal reminders for certain automatically renewing contracts, so business owners should review renewal provisions carefully.
  2. Unclear wording: When a contract describes the payment terms, delivery or other important details in vague or confusing language, it can lead to disagreements between the parties down the road.
  3. Unfair liability clauses: Some contracts place most of the financial and legal responsibilities on one party, making them pay for the other party's losses.
  4. Termination clauses: Every contract should explain how the parties can end the agreement. If only one party can end the contract or the contract includes harsh penalties or an unreasonably long notice period, this may create problems for the other party.
Spotting these red flags early – before signing – is often the easiest way to avoid a costly dispute later.

Why reviewing contracts matters

Even what looks like a standard contract may contain terms that affect your business. You should take the time to review every contract carefully to protect your business and avoid future disputes. Paying attention to the fine print now can prevent costly litigation later. Having a clear, well-drafted agreement gives you the confidence to focus on growing your company.]]> On Behalf of Kirwan Law <![CDATA[Should your business partner be similar to you?]]> https://www.kirwanlawnewyork.com/?p=49044 2026-07-06T14:09:51Z 2026-07-06T14:09:51Z It is very natural for people to choose business partners who are similar to them. After all, they both work in the same industry and they may have a similar background. It also feels natural to work with someone you like and get along with easily. But in some cases, a business partner who is too similar could actually make your company weaker. It can create issues that could ultimately lead to a partnership dispute. It may be better to have a business partner who is a bit different and complements you in certain ways.

Overlapping roles

For example, one common cause of disputes is when people have overlapping roles or they both want to be in charge of the same decisions. If your area of expertise is the same as your business partner's, you are going to run into more conflicts. On the other hand, if both of you have very different backgrounds, the odds of conflict and disputes are lower. This broadens your overall skill set, making the company stronger as a whole. Say that a clothing company is started by two people who both went to school for clothing design and have a vision for what it should look like. They are naturally going to run into conflicts over creative decisions and design choices. But if the same company is started by one person who knows about the artistic side of clothing design and another who knows about online marketing and networking, the company as a whole is much stronger. Both partners can embrace their roles, and disputes are less likely.

Navigating a dispute

If you and your business partner do find yourselves involved in significant disputes, it is very important to understand exactly what legal options you have as you seek a resolution. An experienced attorney may be able to help you navigate this process and put the company's best interests first.  ]]> On Behalf of Kirwan Law <![CDATA[Can I sue the driver for my car accident in New York?]]> https://www.kirwanlawnewyork.com/?p=49040 2026-06-30T09:53:51Z 2026-06-30T09:43:21Z How does New York’s no-fault insurance system work? New York requires most drivers to carry personal injury protection (PIP) insurance. After a crash, PIP benefits can provide timely coverage for the victim’s medical bills, a portion of lost income, replacement services and other necessary expenses, regardless of fault. Still, no-fault coverage does not mean you can never sue. If your crash injuries are serious enough, or if your losses exceed what no-fault benefits cover, you may file a claim against the driver who caused the accident.

When can car crash victims sue the other party?

In New York, you may sue the other party if your injuries meet the state’s “serious injury” threshold. This may include:
  • Dismemberment
  • Disfigurement
  • Loss of fetus
  • Bone fracture
  • permanent loss of use of a body organ, member, function or system
  • Significant or permanent limitation of use of a body organ or member
If your crash injuries fall into one of these categories, you can sue the other driver to seek compensation for your excess medical costs and pain and suffering.

What is the statute of limitations for personal injury claims?

In New York, personal injury claims are generally subject to a three-year statute of limitations. The clock begins from the date the accident or injury occurred and ends in the third-year mark. Waiting too long to file your claim will result in the dismissal of your right to sue. A local car accident lawyer can explain your rights and determine whether your injuries meet the “serious injury” threshold. They can also inform you of the next steps forward, sue the other driver on your behalf, gather evidence and key witnesses for your case and advocate for you in the courtroom.]]> On Behalf of Kirwan Law <![CDATA[How the courts enforce restrictive covenants]]> https://www.kirwanlawnewyork.com/?p=49038 2026-06-18T23:58:46Z 2026-06-18T23:58:46Z With injunctions The courts can issue injunctions prohibiting certain activities when one party files a lawsuit or as a remedy for the legal issue that triggered the litigation. A judge can prevent a former business partner from moving forward with the formation of a new company that directly competes with the business they previously helped run. The courts can also prohibit outside parties from releasing information to the public.

With an award of damages

Violations of restrictive covenants frequently have direct economic consequences for businesses. If the company can show that it lost sales, sustained reputation damage or suffered a reduction of its market share, requesting financial compensation could be a realistic option. When there are records showing that the violation of a restrictive covenant had financial consequences, a judge may agree to award financial compensation to the company affected by the breach of the agreement. There may be other remedies available as well, depending on the terms of the original agreement, the type of breach that occurred and the impact of that breach. Reviewing a restrictive covenant and any inappropriate activities with a business litigation attorney can help executives and owners understand their rights. A successful contract-related lawsuit can prevent continued breaches and diminish the harm caused by the violation of a restrictive covenant.]]>