Gregory Byrnes

After several years of experience at one of the largest real estate law firms in New York City, I decided to open his own firm to address the needs of small and medium size landlords, commercial tenants, and businesses who do not typically have access to the large firms at a reasonable cost. The Byrnes Law Office started primarily with a focus on litigation and has shifted its practice to include transactional and general business matters.

My areas of focus are: Business transactions and startups, Landlord and Tenant Law, Commercial and Residential Real Estate, Commercial Litigation, Rent Regulation, Business Law and Litigation.

I also sits as of counsel to Davis and Associates P.C.

• Real Estate Law
• Business Law
• Landlord Tenant

• Commercial Litigation

• FaceTime
• Google Hangouts
• Skype
• WhatsApp

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
• Rates, Retainers and Additional Information
  We bill hourly, fixed fee, and occasionally on contingency. Checkout our monthly subscription packages here: https://tblolaw.com/legal-subscriptions/

New York

New York State Office of Court Administration

ID Number: 5628540

Principal

The Byrnes Law Office

2019 - Current

Associate

Rosenberg & Estis, P.C.

2019

Brooklyn Law School

J.D. (2018) | Real Estate

2015 - 2018

State Bar of New York # 5628540

Member

Current

New York State Bar Association

Current

New York City Bar Association

Current

Real Estate Certification

Brooklyn Law School

2018

Q. What kind of business license should I apply for if I want to run an e-commerce online store .

8 April 2020

A: It depends on the product you are selling, whether you are storing it, and to where it is being sold, but generally you do not need a license for e-commerce in New York. However, you should review the sales tax aspects of the transactions (Most sales applications can handle this for you) or the locations you will be selling in.

Q. Can a neighbor's estranged family member use our lobby to store clean and dirty clothes?

7 April 2020

A: While there is no general prohibition on landlord's to restrict a tenant's guest's access to the common areas of the building, this situation may be an exception. It sounds like the person is residing in the hallway which would be a violation of the building's certificate of occupancy. Additionally, it sounds like the person is making that area of the building uninhabitable and endangering the building tenants. This would be a violation f the warranty of habitability and your lease. You should contact management again (preferably in writing) and escalate the problem to the Courts if they do not remedy it. Specifically, you would be suing the landlord, not the lobby occupant, since you and the hallway occupant do not have a legal relationship. You can find the steps to commence a proceeding via Order to Show Cause here: https://www.nycourts.gov/courts/nyc/housing/osc.shtml. Of course it is always advisable to speak to an attorney on this matter.

Q. A friend and I want to merge our separate LLCs within the next few years to make one business. Is this possible legally?

6 April 2020

A: Yes, it is possible. You will want to review the Wisconsin LLC Law under "SUBCHAPTER XII MERGER; CONVERSION" - Here is the statute: https://docs.legis.wisconsin.gov/statutes/statutes/183/XII/1207. If the other company is not a Wisconsin LLC, the steps may be different, but every jurisdiction I can think of permits mergers. You will also want to consider alternative structures to the transactions such as an asset sale to avoid tax and legal liability. As always, you should speak with an attorney before taking any actions.

Q. Do tenants have to pay rent they owe after the Covid-19 crisis is over?

2 April 2020

A: You still have to pay rent - however - there is no enforcement mechanism if you don’t pay rent right now. So yes, you will still have to pay back the 3 months rent in June.

Q. Can a company back bill me 3 yrs later?

2 April 2020

A: Generally yes, they can still collect because you have not fulfilled your requirements under the contract. However, there are two areas of law you should look at in Virginia: 1) what is the statute of limitations on breach of contract and debt collection, and 2) did they waive their right to collect payment under the contract. You should also review your contract for its terms. I am not a Virginia attorney so I can't tell you what the law in Virginia is, but I believe it would be unlikely either would prevent the storage company from collecting in this circumstance.

Q. The Judge granted an eviction order for April 1st and the tenant hasn't moved what are my next steps during the pandemic

2 April 2020

A: You are unable to do anything at the moment. All evictions are stayed.

Q. My sublet informed me yesterday she has the money for the rent but is not paying due to Loss of work in the pandmeic

2 April 2020

A: First, she is not your tenant and is not obligated to pay you (this is assuming you leased the place to another tenant and that tenant leased it to this woman). Second, your tenant (the prime tenant) is obligated to pay you. Third, the courts are closed to non-essential matters (which this is) and there is very little you can do at this time. Once the courts open up you can commence a non-payment proceeding. If this sublet has been paying you directly, there could be an argument that she is your tenant, but that is getting into the weeds on this issue.

Q. Can my landlord ask for an additional security deposit when renewing my lease? If so, by how much?

1 April 2020

A: Without knowing more about the lease or the tenancy, it is impossible to know. However, your landlord is not allowed to hold more than 1 month's security deposit in New York as of June 2019 pursuant to the HSTPA. Here is the primary security deposit law in New York: https://www.nysenate.gov/legislation/laws/GOB/7-108

Q. If my friend created the label for my business will they be able to sue later on? If/when the business picks up?

31 March 2020

A: Generally no unless the rights to the work were transferred to you.