Skip to content

Law Office of Yuri Starikov, LLCLaw Office of Yuri Starikov, LLC

157-11 Rockaway Blvd., Suite 209, Jamaica, NY 11434 | yuri@starikovlaw.com | + 1 (347) 871 2759

  • Law Office of Yuri Starikov, LLC
  • About Us
  • Publications
  • Library
    • Legal Writing
    • New Jersey
      • Criminal Law
      • Vehicle and Traffic Law
    • New York
      • Appellate Practice
      • Consumer Debt
      • Contracts
      • Corporate Law
      • Criminal Law
      • Employment Law
      • Foreclosures
      • Landlord-Tenant
      • Real Estate Law
      • Uncontested Divorce
      • Vehicle and Traffic Law
    • Federal
      • Criminal Law
      • Customs & International Trade Law
      • Employment Law
      • Immigration Law
      • Tax Law
      • Trademark Law
Home > 2017 > December > 4 > Pro Se (Self Represented) Appearance by Sole Proprietors
Published December 4, 2017 by Yuri Starikov

Pro Se (Self Represented) Appearance by Sole Proprietors

ProSe4An interesting issue came to the attention of our office: apparently, some courts deny pro se (self-represented) appearance to sole proprietors for bringing issues arising out of their business.  So the question is whether sole proprietors need to hire an attorney in order to resolve issues related to their business as sole proprietors.

For civil actions, the starting point is the statute CPLR 321(a) which states, in relevant part:

A party, other than one specified in section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A of the New York city civil court act, sections 1809 and 1809-A of the uniform district court act and sections 1809 and 1809-A of the uniform city court act, and except as otherwise provided in section 501 and section 1809 of the uniform justice court act.

If the issue relates to breach of contract civil action, Sections 1201 (family proceeding) is not applicable.  CPLR 321(a) explicitly prohibits “corporation or voluntary association” from non-attoney appearances.  Limited Liability Companies are within “corporation or voluntary association” clause because  “[an] LLC, like a corporation or voluntary association, is created to shield its members from liability and once formed is a legal entity distinct from its members.  Michael Reilly Design, Inc. v. Houraney, 40 A.D.3d 592, 593, 835 N.Y.S.2d 640 (2d Dept. 2007).  Unlike LLC, corporation, or voluntary association, a “sole proprietor is someone who owns an unincorporated business by himself or herself.” See https://www.irs.gov/businesses/small-businesses-self-employed/sole-proprietorships.   Since business is unincorporated, no distinct legal entity is created, therefore attributes of CPLR 321(a) restrictions appear as unavailable.

CPLR 321(a) does not appear to act as an impediment to proceeding pro se (self represented).  But even if a court is still viewing sole proprietorship within CPLR 321(a) ambit as a corporation, corporation can validly assign a claim, even if the assignment is undertaken to circumvent the statutory prohibition against a corporation appearing for itself in court.  Ficalora v. Town Bd. Government of East Hampton (2 Dept. 2000) 276 A.D.2d 666, 714 N.Y.S.2d 353, appeal dismissed 96 N.Y.2d 813, 727 N.Y.S.2d 692, 751 N.E.2d 940, reconsideration denied 96 N.Y.2d 897, 730 N.Y.S.2d 794, 756 N.E.2d 82.  Although it would sound strange, because sole proprietorship and natural persons are not distinct, but under Ficalora v. Town Bd. Government of East Hampton authority, it is possible to argue that a sole proprietorship assigned claim to natural person as a matter of legal fiction.

In light of foregoing, CPLR 321(a) may not necessarily prevent sole proprietors from proceeding self-represented in their business matters.

Share

Previous Post Charging and Sentencing Guidelines to Federal Prosecutors

Next Post January 15, 2018 6:30 p.m.-8:30 p.m. EST Event: October 2017 U.S. Customs Broker License Examination Appeal Lecture (Live Stream and In-Person)

Yuri Starikov

Corporate Law Legal Profession

CPLR 321 New York State

Featuring Our Latest Video (Full Video Library at Vimeo.com/StarikovLaw)

https://vimeo.com/491866850?loop=0

Events

CUSTOMS BROKER LICENSE EXAM PREPARATION CLASSES for April 2021 Exam: January 7, 2021-March25, 2021.

Registration is Open at LawCustoms Store. Class details are available at Live Classes Page.

PUBLICATION CATEGORIES

  • Administrative Law
  • Consumer Protection Law
  • Contract Law
  • Corporate Law
  • Criminal Law
  • Employment Law
  • Health Law
  • Immigration Law
  • International Trade Law
  • Landlord-Tenant Law
  • Legal Profession
  • Tax Law
  • Training & Development

TOPICS & DISCUSSIONS

15 NYCRR 122 22 NYCRR 208 Affordable Care Act Antitrust Arbitration Bail CARES Act COVID-19 CPL 1.20 CPL 100.10 CPL 100.25 CPL 100.40 CPL 150.10 CPL 170.30 CPL 170.35 CPL 170.55 CPLR 213 CPLR 317 CPLR 3211 CPLR 3215 CPLR 5015 CPLR 6301 CPLR 6311 Diversion FOIA ICC Termination Act of 1995 Immigration and Nationality Act New Jersey State New York City New York City Human Rights Law New York State NYPL 15.15 NYPL 140.35 NYPL 145.00 NYPL 155.25 RPAPL 715 RPL 231 Rules of Professional Conduct Sentencing U.S. Constitution U.S. Federal UNIDROIT VTL 511 VTL 512 VTL 1807

Law Office of Yuri Starikov, LLC

157-11 Rockaway Blvd., Suite 209, Jamaica, NY 11434 | yuri@starikovlaw.com | + 1 (347) 871 2759

Subscribe to Publications & Newsletters

Loading

Disclaimer, Copyright and Licensing Terms

LEGAL DISCLAIMER
All postings on this website should not be treated as a legal advice. The information may be outdated and may reflect views that are different from the position of government officials or other persons. Certain statements may be construed as "Attorney Advertising." Prior results do not guarantee a similar outcome.

COPYRIGHT
Except as otherwise noted, information on this website was written by Law Office of Yuri Starikov, LLC. The Office retains the copyright to its writings.

LICENSING
UNLESS SPECIFIED OTHERIWISE, you may use Law Office of Yuri Starikov, LLC online publications subject to terms under Creative Commons Attribution 4.0 International License. Under the license terms, you may use our Office web publications as you see fit, so long as you identify Law Office of Yuri Starikov, LLC as the source.

Creative Commons License

USEFUL LINKS

  • Federal Register
  • FindLaw
  • Google Scholar
  • Laws of New York
  • Public Library of Law
© 2020 Law Office of Yuri Starikov, LLC