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New York Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: Can I be sued in NYS for a breach of contract(Lease) that occurred in 2011? Well past the Statue of Limitations.

Left an apartment complex in 2011. I believed owners wrote off the debt as a loss. Started to receiving info from a debt collector (Lawyer) in 2013. Asked them to provided all information about ownership of debt. They could not. Went back and forth for awhile and finally presented a Cease and... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 28, 2022

I believe that this is a duplicate question. In general, the recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... Read more »

David H. Relkin
David H. Relkin
answered on Nov 28, 2022

Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How to review a NJ property contract?

Hi--

My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 22, 2022

This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by... Read more »

1 Answer | Asked in Contracts for New York on
Q: I want to cancel a lease on an apartment I havent moved into yet, they are saying have to pay 2 months rent?

I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 21, 2022

It depends of the agreement, the execution and the reason for cancelling.

1 Answer | Asked in Contracts for New York on
Q: Can I get some of my money back from an immigration lawyer for uncompleted work?

I paid about 9.5k for a couple of applications. The attorney only completed 1 of them. I changed my representative. Now when I contact them, they tell me that since I changed representatives, they won’t refund me. Isn’t that unethical? They haven’t worked on the rest of my case, so why take... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 21, 2022

You can sue for a refund. Since it is in NYC and under $10,000 it is small claims. You can do it yourself. Go to the Civil Court at 141 Livingston Street and go to the Small Claims clerk.

1 Answer | Asked in Business Formation and Contracts for New York on
Q: Made an investment of $10k (with a total of $40k-$50k with other investors). business dissolved and told I get nothing?

The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?

Michael David Siegel
Michael David Siegel
answered on Nov 17, 2022

Depends on what your deal was, and what an accounting would show. Very hard for $10,000 to make something happen here. You can sue, but it would cost a high percentage of the recovery unless others joined. For $10,000 you can do a small claims case in NYC, and see if anything shakes out.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: eHarmony is charging me a debt for not paying an automatic renewal.

eHarmony is charging me for an automatic renewal that I didn't pay. A collection agency contacted me recently about the debt and I am looking for ways around paying the debt.

I initially subscribed to eHarmony in August 2020 with a 2 year subscription and was recently notified of my... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Sending them a legal letter with a request to discuss a resolution, demanding validation of the debt, along with other appropriate legal terminology might help get the situation moving. Consider retaining a professional attorney who can also assist you in challenging any inaccurate negative credit... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for New York on
Q: i want to connect wholesalers to retailers in exchange for commission

I am trying to connect a wholesaler who sells products to a retailer who will resell that product online and I would receive Commission on the the profit that each of them make that each of them makev Do I need a special license for that and where would I find more information on the laws about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Unless you are selling highly regulated products such as chemicals or pharmaceuticals I don’t see that you would need any special license. What you need is a strong contract drafted by an experienced attorney to ensure your commission, along with a business strategy to prevent the wholesalers and... Read more »

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 7, 2022

Unless the contract addresses post termination issues, there is no deal for anything as the contract expired. Get an extension in writing.

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3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 7, 2022

If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.

That...
Read more »

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2 Answers | Asked in Contracts for New York on
Q: Hi, I am interested in having an employment contract looked at and seeing if it is binding.

I work for a dealership. They drew up a contract for me to go to school. I have not completed the certification and I would like to leave. I would like to know if I have to pay for the classes I have taken.

Michael David Siegel
Michael David Siegel
answered on Nov 3, 2022

Obviously, it is governed by its terms. For a few hundred dollars someone like me could look at it.

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1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I got fired for not being vaccinated. The Supreme Court rescinded the mandate. Official November 1st 2022. Can I sue?

There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 25, 2022

This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: how much does it cost to have signatures professsionally compared for forgery?
Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

You could reach out to several forensic handwriting analysis experts and ask them about their fees. Good luck

1 Answer | Asked in Contracts for New York on
Q: Can 3 parties sign counterparts and send signed pages to 1 party to collate only one original contract (no circulation)?

Please note that only one original contract is to be prepared by inserting signed pages of all parties in one contract which original contract will be held by one party only during the term of the contract. The signed pages are to be sent by 2 parties after signing in counterparts and just... Read more »

Jack Mevorach
Jack Mevorach
answered on Oct 1, 2022

Not the best method. I recommend against it. Do it the right way.

Jack

1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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1 Answer | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?

If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.

Jack

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