getting in middle of divorce dispute involving the business /ISC meeting /Party Invite November 18, 2025

KEN KIRSCHENBAUM, ESQ
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getting in middle of divorce dispute involving the business /ISC meeting /Party Invite
November 18,  2025
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Private meetings at ISC EAST
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To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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getting in middle of divorce dispute involving the business
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Ken
   We received a phone call from one of the business owners of a commercial customer account. He reported that his spouse (the signer of the agreement), who is also , to my understanding an owner in the business, has locked him out of multiple alarm accounts.
   Each of these accounts are under commercial agreements signed solely by the spouse on behalf of the business. According to the caller, he is a part owner of the company and believes he should have access; I am unsure how to verify that he is part owner of the business. He also disclosed that the two are currently going through a divorce, which seems to be driving the dispute.
   The caller is demanding that we assist him in restoring access to the accounts or otherwise intervene. Since the service agreements are with the business entity, not either individual personally, and there’s an ongoing domestic conflict, I’m concerned about taking any action without clear legal direction.
   Could you please advise on the appropriate way to proceed since my goal is to remain neutral and do the right thing; I am unsure what the right thing would be?
   Thank you as always for your guidance on this one — it’s a tricky situation, and I want to ensure we handle it correctly and stay neutral.
Kind regards,
James
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Response
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   The dynamics of the matrimonial dispute is, as you point out, likely a source of conflict, but that doesn't change the real issue for you, which needs to be compliance with your performance under the contract.
   You are also correct that your agreement is with the business entity, not the person who signed the contract.
   By signing the contract, presumably indicating her title, such as president, etc., she has established her authority to act on behalf of the entity. You don't mention what indicia of "right to act for the entity" the husband has established, other than his call to you. That clearly isn't enough. But he may have been dealing with you in the past, perhaps signed the checks or interacted with you in an unmistakably way that permits you to draw a reasonable conclusion that he is authorized to act for the entity.
   Proclaiming to be authorized to act for the entity is obviously not enough. There are a number of ways his authority could be reasonably established:
* copies of the entities organizational papers, minutes of meetings [corporate or LLC], copies of corporate resolutions or the LLC's Operating Agreement.
* You can of course recognize and obey a Court order, which the husband could get if he is in the right, but that will entail expense with his matrimonial attorney.
* You could rely on a letter from an attorney provided it explicitly advises you to recognize the husband.
* You could contact the wife or other officer of the entity if you know one, to confirm that the husband is authorized to act for the entity.
   Keep in mind that your "assistance" or "intervention" or even "involvement in this dispute" is quite limited by the scope of your contract. I am thinking about the Commercial All in One, which is what was likely used here [if not I have no idea what you agreed to do]. Getting involved in disputes is not required under the contract, and as you already know, is a bad idea. There is a permitted charge for re-programming. Require a letter from an attorney or court order or wife's consent if you're not sure. While this may not lead to the same kind of consequences as a home alarm there could be plenty of financial or depending on the building and security system, personal injury issues as well.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com