Marietta, GA asked in Business Law for New York

Q: What is the definition of a “month” in NY contract law is., “the term of this agreement will be three months”

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2 Lawyer Answers
Mathew Paulose Jr.
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Mathew Paulose Jr.
Answered
  • Bronxville, NY
  • Licensed in New York

A: Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order in days of the month as the day from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted." Example: three months from April 28, 1991 is July 28, 1991. Be mindful that you are asking about time calculations in a "contract" without telling us the type of contract. Most contracts will define their own terms, which will overrule conflicting definitions. While there is case law that suggests section 30 applies even to private contracts ("Month. -- In a statute, contract, or public or private instrument, unless otherwise provided in such contract or instrument or by law, the term month means a calendar month and not a lunar month"), you should speak with a local attorney to confirm this interpretation. Good luck.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I agree with Mr. Paulose. Although you could find calendar days defined or referred to in various regulations and civil codes, it is always a good policy to refer to your particular contract to see how it sets timelines. Good luck

Tim Akpinar

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