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The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... View More 
answered on May 24, 2020
It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.
Hired a contractor upon receiving a written estimate. He was provided with engineered building plans and the knowledge the code enforcement was involved. I was the permit holder. He received payment in advance due to him stating he could secure financing through Synchrony bank where he is a... View More
answered on Jun 20, 2019
Your question assumes a critical fact not established in this dispute. Just because you say the contract was oral does not make it so. IMPO, the remodeling contract you have with the contractor is clearly evidenced by the written estimate provided to you, apparently without objection. Paying the... View More
The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... View More
answered on Feb 25, 2019
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... View More
answered on Jan 22, 2019
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details... View More
answered on Oct 2, 2018
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
The realtor told us they are fixing the windows and it will take in till mid summer, that’s why we signed because our windows were done already.
A week after we move in,the management sends out a note that the Terri’s is going through a whole construction and we can’t go out to the... View More
answered on Jun 18, 2018
Depending upon the specifics of your situation and how the repairs impact your tenancy, you may be entitled to a rent abatement or possibly recision of your lease. However, don't expect the landlord to be happy about it or easy to deal with. You may do better retaining an attorney to... View More
Approximately 6 years ago I had a patio installed that was built on a tilt towards my stoop. The board approved the patio being built (although neither I nor the board knew about the angle.). However the board claims that my patio causes water to pool on the stoop which is false because water... View More
answered on Apr 14, 2018
Hire an engineer or architect to state that fact. Submit formal report to board.
Some company didn't get the money from my Insurance company for their work on my house for only the "emergency" matters. But their invoice in very high over $169,000 for removing debris caused by fire and boarding up openings. So my insurance company hired a 3rd party to review the... View More
answered on Mar 15, 2018
The case is likely efiled and viewable online. Playing the service of process game serves no purpose here. I would just look up the complaint and answer. The lien is the victory for them.
I was initially told it would take 6-8 weeks. Multiple vendors are involved, but the entire project is managed by a major national chain. I live in NJ and the property is in NY.
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answered on Jan 26, 2018
You need to retain a NY litigation attorney to resolve this matter. This type of case is best handled in State Court, although technically you might be able to bring an action in Federal Court in NJ, that would be much more expensive.
UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... View More
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answered on Oct 17, 2017
You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.
I sent them a bank wire two weeks ago and they acknowledged receiving the money and we had very lengthy email exchanges discussing pickup. In the emails they discuss that they are ready to be picked up and are allowed to be released to me. I sent them a signed bill of sale they also acknowledged... View More
answered on Jul 10, 2017
What are the terms of your contractual agreements? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
Hired a contractor to do remodeling of apartment. He left my home in a dangerous shambles, with live electrical wires uncapped in the ceiling, panels falling off walls, electrical outlet uncovered, gaspipe extended using water sealant to seal space between pipes. He used unlicensed people for... View More
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answered on Jun 20, 2017
If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.
You should also report to your local BBB so that others don't suffer the same fate.
#LegalQ&A #NathansonLaw
I am doing a 12 building government funded rent subsidized project. Owner rejected extra cost for work on 1 buildin arch. missed and went and hired another electrician to do extra and my work (part of my contract). Owner wants me to credit him the amount on on payment of schedules G703 form which... View More
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answered on May 23, 2017
The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses.... View More
New York, NY | 11 minutes ago
A bit complicated and long question - I've hired a contractor company to renovate our apartment in New York City. We have a contract that only states that we will pay total cost divided by 5 installments. it is very vague and has nothing written about due... View More
answered on Apr 1, 2017
You should not have them do work you cannot pay for. That is going to lead to damages against you, and a lien on the apartment. You should tell them to stop work, and that you are not paying. Your breach entitles them to "quantum meruit" damages, which is payment for work done, which... View More
My daughter at the time was just little and since this so called work has been done she is being hospitalized at least once a year with respiratory issues. My son has headaches all the time so bad he gets sent home from school and is on medication for them. but in reality it’s the house and may... View More
answered on Jan 23, 2017
Have a lawyer review the contract, communications, and facts of your legal issue to determine if there has been a breach of contract or negligence here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More
After demolition, I discovered a gas branch line that obstructed passageway into a proposed hallway. I asked my licensed plumber if it was ok to relocate it higher. He said it's "no big deal", it's commonly done; we shouldn't have a problem because we are not touching the... View More
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answered on Oct 11, 2016
Basically, on the given facts the plumbing contractor was in breach of the contractual duty to perform in a workmanlike manner. A demand letter should be issued to the plumber subtracting the amount of work you paid him for the unacceptable work and adding the amount that you will need to pay to... View More
The owner is undergoing a major renovation using a construction company. We hear noise past 6pm on weekdays and also sawing noise during the weekend. The dwelling is a two-family residence not near house of worship and the owner does not live there.
answered on Jan 26, 2017
This may qualify as a nuisance and possibly a violation of your city's noise ordinance. You can make a complaint with the Police, and you might be able to sue the neighbor for nuisance. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
We terminated our contractor for breach of contract, then he filed a mechanic's lien and a lawsuit to foreclose on the lien. Now we have heard that he has filed for bankruptcy and we would like to know how that could affect his/our case.
answered on Feb 4, 2017
You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More
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