I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... View More
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
answered on Dec 15, 2022
If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
answered on Dec 15, 2022
Your (the seller's) attorney is really the best person to contact about this, since he or she is, for purposes of the down payment, the escrowee. If you already closed the sale, it is not clear why your sale proceeds check was not issued at the closing; the closing constitutes the transfer of... View More
answered on Dec 15, 2022
The area of law you are referring to is called Enforcement of Judgments. There are various remedies including sending information subpoenas to banks to try to locate the judgment debtor's bank account and restrain it, sending a property execution to the sheriff to levy on accounts, or an... View More
answered on Dec 11, 2022
I would have to review the judgment, but yes, you have options. One is to forward an execution levy to the City Marshal’s office directing it freeze the defendant’s bank accounts. These forms must be prepared properly or they will be rejected by the bank. There are other enforcement devices... View More
answered on Dec 9, 2022
Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.
Also do they have to give back double for not having it back on time?
answered on Dec 2, 2022
Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More
Also do they have to give back double for not having it back on time?
answered on Dec 22, 2022
Dear Rochester Tenant:
Attorney Shay is correct that the new tenant security deposit statute requires the full return of the security deposit within 14 days after moving out.
Read about your rights as a tenant in your city and the right to the refund of the tenant security deposit... View More
Also do they have to give back double for not having it back on time?
answered on Dec 2, 2022
You may also considering serving the landlord or his attorney with a properly drafted pre suit demand letter. If effective, this can save you a lot of time and the cost of initiating a court action. As my colleague said, if 14 days have passed since move out and you have not been provided an... View More
We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More
answered on Oct 16, 2023
Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More
The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.
answered on Aug 24, 2023
Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck
My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.
I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th... View More
answered on Jul 16, 2023
Dear Poughkeepsie Tenant
Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.
I provided him a bill but I have not received payment for 6 weeks now & when I call to inquire where my payment is, he says 'I don't know'. I have copies of text messages & voicemails. Do I sue him or the hotel? The amount is just under $100 but it's the principle. Our... View More
answered on Jun 27, 2023
The proper defendant is the employer but the employee could be sued also.
He lives in a different state now. I live in Syracuse, NY and he lives in Austin, Texas
answered on Jun 14, 2023
Yes, you can sue him in a justice of the peace court in the precinct where he lives to recover the unpaid loan amount plus interest.
The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised... View More
answered on May 3, 2023
The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.
Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out,... View More
A repair shop is claiming they are not liable for damages caused to my vehicle while it was at their shop in their possession because they didn’t have a signed repair order. The vehicle was brought in for a sunroof repair and the shop failed to fix it and left it outside in the elements for 100... View More
answered on Apr 21, 2023
More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?
My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More
answered on Apr 1, 2023
Call 311 in NYC. The Department of Buildings can issue a violation.
This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .
What is my next step in my efforts to get this matter dismissed?
answered on Mar 29, 2023
Why do you feel it will be dismissed? We probably need more information. You did not say anything about disputing the debt and you said there's been at least "some" activity for at least some of the last 7 years... What sort of activity? Have you made payments or acknowledged the... View More
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