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New York Contracts Questions & Answers
0 Answers | Asked in Landlord - Tenant and Contracts for New York on
Q: Am I liable after joint lease expires if I don't renew?

I entered into a joint lease with my friend, which expires on April 30. I have informed the landlord that I won't be renewing, and he has acknowledged my notice and given me a recommendation. However, my friend intends to stay but hasn't signed a new lease yet. Will I have any liability... View More

0 Answers | Asked in Business Law, Contracts and Libel & Slander for New York on
Q: Seeking legal advice for unpaid promised payments related to a rental and music industry issue.

I rented a mirrored unit in 2017, where I used to dance to music. Musicians began saying negative words in their songs, seemingly directed at me. I communicated with music industry representatives on Instagram about payments I was promised but never received. They claimed to deposit money on the... View More

1 Answer | Asked in Business Law, Contracts and Business Formation for New York on
Q: Business partner kicked me out; no formal agreement, only bank proof. What are my legal options?

I was kicked out by my business partner, and we do not have a formal partnership agreement. However, I do have my business bank agreement as proof of my involvement. What legal options do I have to address this situation and potentially reclaim my position or investment in the business?

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

You may have legal options, but without a formal partnership agreement, your case isn’t clear-cut. Your business bank agreement can serve as evidence of involvement, but more proof—such as financial contributions, communications, or profit-sharing—would strengthen your position.

If...
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0 Answers | Asked in Contracts and Election Law for New York on
Q: Can I recover $1,200 from a political campaign after leaving due to deception?

I was part of a political campaign slate and contributed $1,200. The leader verbally assured me of a higher position within the slate, which turned out to be deceptive, prompting me to leave the team. There was no written agreement regarding my contribution or the promised position. Do I have a... View More

2 Answers | Asked in Business Law, Contracts, Mergers & Acquisitions and Employment Law for New York on
Q: Am I violating my separation agreement by giving a statement to Company A's legal team regarding events at Company B?

I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More

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1 Answer | Asked in Tax Law and Contracts for New York on
Q: How to prove $3,000 cash income to IRS without formal records?

I'm a tutor planning to file my taxes but haven't done so yet. Most of my earnings are on a 1099-K, but I also earned about $3,000 in cash last year from a single student through regular weekly payments. I didn't deposit this cash into a bank account and have no formal records of the... View More

Gabriela Firpi-Morales
Gabriela Firpi-Morales
answered on Mar 7, 2025

The $3,000 you earned would be considered as a self-employment income. When filing you tax return, you must report the $3,000 on line 8 of the 1040 Form. For line 8, you must include Schedule 1 in your tax return filings. Schedule 1 will also assist you in determining how much you might owe the... View More

0 Answers | Asked in Tax Law and Contracts for New York on
Q: How to prove cash income from tutoring not deposited in the bank?

I am a tutor reporting income from my business on my tax return. Most of my income is listed on my 1099-K, but I've also earned about $3,000 in cash from a single student last year. I didn't deposit this cash in the bank, and I don't have any formal records or receipts for these... View More

0 Answers | Asked in Contracts and Legal Malpractice for New York on
Q: Is this inaccurate retainer agreement still valid in NY?

I signed a retainer agreement that inaccurately described my situation, stating my tax situation and representation as "court-appointed" and "Funds be paid solely from the guardianship," which are both incorrect as it was not court-appointed and there is no guardianship. I have... View More

1 Answer | Asked in Landlord - Tenant and Contracts for New York on
Q: Can landlord use security deposit for rent after moving out early?

I am moving out on April 12th, and I informed my landlord almost two months in advance. My lease agreement doesn't mention early termination or prorated rent, but states the security deposit can be used for late rent and damages. My landlord is demanding that I pay for half of the month of... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 3, 2025

Dear Pittsford Tenant:

You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both...
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1 Answer | Asked in Contracts and Consumer Law for New York on
Q: Looking for NY trial decisions on fraudulent misrepresentation claims.

I am looking for New York trial decisions that support a plaintiff's claim of fraudulent misrepresentation under contract law. The case involves the plaintiff purchasing a service or product from a defendant in the Capital District region of New York, where the defendant made false statements.... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

There are various services that offer paid research.

Jack

2 Answers | Asked in Divorce, Family Law and Contracts for New York on
Q: Is my marriage void due to wife's prior marriage, and is she entitled to assets?

I got married in NYC and later discovered that my wife was still married in the Philippines five years before we met. Her mother was aware but kept it from me. I've since filed for divorce and have obtained full legal custody of our children. I'm concerned about the implications on our... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

New York recognizes a cause of action referred to as an action to declare the nullity of a void marriage. DRL §140. This means the state will treat the couple as having been properly married only for the purpose of a division of property acquired during the marriage. This leaves the asker exposed... View More

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1 Answer | Asked in Contracts and Business Law for New York on
Q: How can I exit my joint venture contract in NY due to partner's inexperience?

I'm concerned about my joint venture contract because I feel the other party lacks experience. I signed the contract about a month ago, and I haven't discussed my concerns with them yet. I'm interested in exiting the joint venture. How bound am I by this contract, and what steps can... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 4, 2025

Your rights depend, first and foremost, on the terms of the contract surrounding early termination, interpreted in light of background legal precedent. Have an attorney review the contract to advise you of your rights, as well as the best way to seek a release from the contract while minimizing... View More

1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Can my ex legally keep the car if we're both on title but I missed payments?

I'm in New York and jointly on a car loan with my ex. We're both listed on the title, but the car is registered in her name. I have missed some payments, and she has already taken the car. Can she legally keep the car despite my name being on the loan and title?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025

There is not enough information here to answer this question. If the matter is not in any kind of court and the removal of the vehicle has happened privately to the parties, then a tort called a "conversion" has taken place and the asker can sue for conversion. The outcome will likely be... View More

2 Answers | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: Does a notarized but unfixed separation agreement allow my husband to sell our NY house alone?

My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025

Greetings:

Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the...
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1 Answer | Asked in Divorce and Contracts for New York on
Q: Can I request alimony despite a prenup with no specific alimony clause?

I signed a prenuptial agreement before my marriage. I am now considering divorce after being married for almost 2 years. The prenup includes clauses on separate property, earnings, and savings, but nothing specific about alimony. I moved overseas to join my husband on his assignment, which resulted... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 22, 2025

First of all it depends on the language in the prenuptial. Second, New York does not have "alimony". There is spousal maintenance. The formula is dependent on the length of the marriage as well as the respective incomes. A two year marriage will only have a very limited time frame for... View More

0 Answers | Asked in Contracts for New York on
Q: Can I demand early delivery of a prepaid TV?

I agreed to buy a television set from someone for Php 15,000, with delivery scheduled for February 22, 2025. On the morning of February 20, 2025, I paid the full amount and requested the seller to deliver the television since I had paid early. However, there were no terms in the agreement about... View More

0 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Verbal agreement for commission on truck sale; seller refuses to pay. Legal action possible?

I made a verbal agreement with someone a couple of months ago to sell his food truck for a commission of $2,500. I successfully sold the truck, and the buyers can confirm it was through me. I have messages supporting our agreement. However, the seller now refuses to pay my commission, saying he... View More

0 Answers | Asked in Collections and Contracts for New York on
Q: Should I call or send demand letter for $8,591 debt in NY?

I am owed $8,591.45 by an individual who was supposed to repay me in January 2025. We did not have a formal written contract, but I do have text message communications with him about the debt. Initially, he did not respond well to my inquiries, but now he is willing to speak on the phone. I have... View More

1 Answer | Asked in Divorce, Employment Law, Family Law and Contracts for New York on
Q: Does my husband's lack of financial contribution and refusal to mediate qualify as financial abandonment during our divorce in NY?

My husband and I were married for 15 years and have four children. I expressed my wish for a divorce almost two years ago, but due to financial constraints, I delayed filing until January 2024, when he was served. On my lawyer's advice, I separated our bank accounts and began paying household... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

Financial abandonment is a claim that does not exist in New York. A parent can engage with his children or can be aloof from his children. Government cannot force someone to be a better parent. A litigant is free to refuse mediation as mediation is not mandatory in New York. The asker can document... View More

0 Answers | Asked in Consumer Law and Contracts for New York on
Q: Refurbished TV setup issues; Amazon won't refund due to missing box. Options?

I purchased a refurbished TV from Amazon on February 9th. When I tried to set it up, I discovered the website required for setup doesn't work or exist. Amazon refused to issue a refund because I discarded the original packaging, even though the TV can't be set up as sold. I have the... View More

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