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... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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.

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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.

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... View More

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.)... View More

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... View More

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for... View More

The simple answer is that your fiance must commence a divorce action against his wife to terminate the marriage.