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New York Contracts Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Contracts for New York on
Q: Signing as poa without adding "as poa for John Doe", is that valid?
Tim Akpinar
Tim Akpinar answered on May 7, 2022

It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti answered on Apr 23, 2022

Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

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1 Answer | Asked in Contracts and Health Care Law for New York on
Q: I’m a former anesthesia technician fired while on assignment at Harlem Hospital! I’m looking for legal representation.

Hello

I’ve been an anesthesia technician for 19 years(traveler since 2011). I was on assignment in nyc at Harlem Hospital(April 2021-September 2021) & had been extended(asked to renew my contract to stay on to keep working) 3 times(I accepted). I was asked to extend a 4th time right... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 2, 2022

I'm sorry your question remains open for a week. At this point, you could repost your question under the Employment Law category. You are correct about this matter being related to health care law, but an employment law attorney would probably have the strongest insight here about your rights.... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Small Claims for New York on
Q: Business took $23K from me and only sent $7k worth of product in 2020. How can I get the money back? Court, Arbitration

I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.

Tim Akpinar
Tim Akpinar answered on Mar 17, 2022

It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... Read more »

Elaine Shay
Elaine Shay answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
Howard E. Knispel answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: If I don’t have a lease , do I have squatters rights?

My mother lived in this apartment and I took it over . The landlord knew about me taking it over and agreed to it . I never signed any paperwork . He hasn’t fixed one single whole in the walls . Hasn’t got me a new fridge or a working stove . I’ve been here since November and have been paying... Read more »

Elaine Shay
Elaine Shay answered on Feb 16, 2022

If you have been paying rent directly to the landlord and the landlord has accepted your payments, you shouldn't have to rely on "squatter's rights" but are instead a tenant entitled to legal protections afforded by the Housing Stability and Tenant Protection Act of 2019 as well... Read more »

1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

1 Answer | Asked in Contracts for New York on
Q: NY vehicle repossessed. Wondering if the finance company is to notify of repo?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Feb 9, 2022

Yes if you are in default, the finance company may repossess the car without prior notice. That does not mean that you no rights. It is necessary to review the contract to know exactly. That said, you have at least the following rights:

The right to receive a notice immediately after the...
Read more »

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »

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2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Buying a new car at MSRP, - the dealer tells me there is also a mandatory non-negotiable $2000 extended warranty.

I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »

Gary Lane
Gary Lane answered on Jan 18, 2022

I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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1 Answer | Asked in Contracts for New York on
Q: I believe that my current firm is in breach of contract. And that I may even have a case for a hostile work environment.

I was placed on a job in NYC. The firm that pays my expenses has been weeks behind. And I also learned they don’t reconcile. In addition, when I gave my notice. They told me I had to move to remote. With only a few days warning. I came down with Covid. And they are not paying my expenses. Even... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2022

I'm sorry your question remains open for three weeks. You could try reposting and adding Employment Law as a category. There's no guarantee all posts ultimately receive an answer, but the additional category could improve chances for response. If still no response, you could reach out to... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

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