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Questions Answered by David H. Relkin
2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... Read more »

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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1 Answer | Asked in Arbitration / Mediation Law for South Dakota on
Q: Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?

Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.

David H. Relkin
David H. Relkin
answered on Jul 25, 2022

You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... Read more »

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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2 Answers | Asked in Business Law for New York on
Q: Hello, If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

Hello,

If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

for example: I have an old dba named Billy Bob's Home Video Distribution. I have agreements dating back to the 90s under that dba. I want to form Billy Bob's... Read more »

David H. Relkin
David H. Relkin
answered on May 11, 2022

Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another... Read more »

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1 Answer | Asked in Banking for California on
Q: Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?
David H. Relkin
David H. Relkin
answered on May 9, 2022

The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some... Read more »

1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... Read more »

1 Answer | Asked in Collections for New York on
Q: need an attorney to file an Affidavit of Confession of Judgment on my behalf at the Supreme Court Queens County, NY
David H. Relkin
David H. Relkin
answered on Mar 18, 2022

This is a relatively simple process though its use has been restricted in certain transactions. Any attorney with my credentials could handle this matter for you.

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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1 Answer | Asked in Civil Litigation for New York on
Q: Can I add an additional Defendant to a civil law suit once a trail date has been set?

I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... Read more »

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

I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... Read more »

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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2 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Once the cancelation documents are signed, how much time does the Real Estate Agent have to file for arbitration?

I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »

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

I think you mean that the seller refused to sign and accept your cancellation of the contract.

Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in...
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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 »

David H. Relkin
David H. Relkin
answered on Jan 19, 2022

This is a common request by a defendant. Unless there is an agreement pursuant to which they agree to pay, no, you should not dismiss the action first even if it is without prejudice. I also prefer an escrow by which the money is held by counsel and an agreement provides for the dismissal and... Read more »

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2 Answers | Asked in Banking for Maryland on
Q: Can I open an UTMA for a 15 year old?

I was under the impression that once a child was over 13 years old, an UTMA could not be established as a savings, it is then a youth savings or joint. What is the case, I can find a lot of information on disbursements of UTMA but nothing on establishing. This is an UTMA unrelated to Title 13

David H. Relkin
David H. Relkin
answered on Jan 21, 2022

The answer is that, in New York -- and this should be the same in other states -- the age is 18. Your bank will assist you in this since they are the ones who will open the account.

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2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »

David H. Relkin
David H. Relkin
answered on Jan 3, 2022

There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.

The term "common law" indicates that the trademark rights that are...
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4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
David H. Relkin
David H. Relkin
answered on Dec 28, 2021

I agree with the response of Mr. Wirtschafter as to collection, but the question seems to imply that you do not have a judgment yet and that you are presenting your case to an Arbitration Tribunal. If so, I have handled over 100 Arbitrations around the Country and would be willing to consider the... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin
answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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3 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: Rent recovery

As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?

David H. Relkin
David H. Relkin
answered on Nov 10, 2021

A guarantor's obligation is generally absolute. You did not guarantee your daughter's stay in the apartment. You guaranteed the prompt payment of the rent. Of course, theoretically, your daughter's roommate would owe you the money you pay. Settle.

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Hi, What are the forms (numbers) needed to apply to the courts to confirm a fee arbitration award in New York please?

I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?

David H. Relkin
David H. Relkin
answered on Oct 7, 2021

In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Arbitration / Mediation Law for Kentucky on
Q: Late September earlyOctober 2020 I noticed my neighbor's property up for sale by owner Had a verbal agreement

Purchase a home and offered asking price if the seller agreed to close before the end of the year

Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me

don't know if there's... Read more »

David H. Relkin
David H. Relkin
answered on Aug 31, 2021

Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)... Read more »

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin
answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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