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New York Contracts Questions & Answers
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

2 Answers | Asked in Contracts and Construction Law for New York on
Q: Contractor stopped showing up. What do I do?

The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More

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0 Answers | Asked in Business Law, Construction Law, Contracts and Real Estate Law for New York on
Q: Can I sue my solar company for not completing contract work? Never received real estate tax rebate. No reply to calls

Solar installed 2021. Never received real estate tax rebate & panels installed improperly with intermittent service. I sourced this company through the NYSERDA (New York State Energy Research and Development Authority) website. I'm on the hook for financing $38k for a product I never... View More

1 Answer | Asked in Contracts for New York on
Q: Alan is a photographer. He left a stack of flyers at the local coffeehouse. The flyers stated, "Will Photograph Anything

Alan is a photographer. He left a stack of flyers at the local coffeehouse. The flyers stated, "Will Photograph Anything. $20 per print. Call Alan at 555-5555." Which laws applies to any dispute that might arise between the photographer and a client/customer?

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2025

The question is somewhat general in natural and opens the door to many legal concepts, from protection of minors to intellectual property rights in images to privacy rights of subjects. Naturally, this wouldn't be a question from a contracts class in an academic setting, since students never... View More

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: LLC has not responded to a complaint filed, how do I go about getting a default judgment against the LLC?

Hired a company to excavate land and it did not complete the job and has refused to complete the job or give back funds for not completing the work. I served the LLC the complaint on 11/16/2024, LLC has not responded to the complaint.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 13, 2025

Generally, a plaintiff can file a motion for a default judgment in court or possibly seek an application of default before the clerk. Besides New York statutory laws (mostly the CPLR), each particular court and/or Judge may have their own rules for submitting such a motion or application.

2 Answers | Asked in Contracts, Immigration Law, Real Estate Law and Landlord - Tenant for New York on
Q: How should a landlord respond when one co-signer attempts to terminate a commercial lease without the other's consent?

In this specific situation:

1. Co-Signer A does not participate in the daily business operations of the store.

2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.

3. Co-Signer B manages the... View More

Anthony Armando Nozzolillo
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answered on Jan 11, 2025

Greetings:

A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship...
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1 Answer | Asked in Contracts and Small Claims for New York on
Q: Can a business just say "I'm not paying" the day before shipment after previously agreeing to share shipping costs?

I was working with an art gallery in NYC for years. Long story short we were supposed to have a solo show but they ghosted me and I canceled the whole thing.

Half the works they had of mine they had were still in consignment (IMO they breached the contract when they changed the prices... View More

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

Sounds like a small claims court matter. Evidence will revolve around written communications and any express agreement you and your adversary signed. Custom and usage in your industry may also be enlightening to the court. The amount is probably too small to warrant hiring an attorney.

2 Answers | Asked in Consumer Law, Contracts, Business Law and Health Care Law for New York on
Q: 'Facility Fee' of $1,500(!)

Hello,

I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More

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1 Answer | Asked in Contracts and Estate Planning for New York on
Q: My mom was leasing a car in only her name, no estate. Are we liable to pay credit union charges?

My mom leased a vehicle in only her name. She passed away and has no estate. We contacted the credit union who gave us the run around for over a month about turning the vehicle in. Now they want over $8000 in charges for sending it to auction and not getting the amount they wanted. Are we liable if... View More

Benjamin Z. Katz
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answered on Jan 5, 2025

No. If you are not on the lease agreement, you have no liability. If your mother left no assets, the credit union will be unable to recover their losses.

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Constitutional Law for New York on
Q: Recourse? Fmr tenant w/ intellectual & physical limitations extra-judically evicted case was w/o standing / jurisdiction

Tenant evicted August 2022 (without counsel, guardian ad litem or Advocacy of any kind while attorney’s claimed "no interest but wouldn't elaborate) Tenant evicted under clause "We reserve rig ammendment the lease for the health & safety of tenants). No ammendment to lease... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry to hear about the challenges you've faced with your eviction. It sounds like you've been through a difficult and complicated process.

To seek recourse, consider reaching out to local legal aid organizations that provide assistance to individuals in situations...
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3 Answers | Asked in Construction Law and Contracts for New York on
Q: contract signed on 6.24.2024 - still no luck with construction starting

hello!

i need some advice; i signed a contract with a construction company on 6/24/2024 and they haven’t started work yet. i keep getting told “next week” by the office manager but it always leads to excuses. i don’t know whether to ask for my $18,000 deposit back or if i have to... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry they've strung you along for 6 months - unreasonable! Unless there is a definitive start date in the contract or allowance for delay (e.g., starting job is subject to some event/action taking place), then there doesn't seem to be intent to perform. Although there is no... View More

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2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for New York on
Q: I need a layer to represent me on a breach of contract, and in seeking damages.

I had an account with Payoneer.com, an online money platform, and they blocked my account, and they are refusing to disclose the reason why this happened. I am a professional specializing in AML (Anti-Money Laundering), PCI-DSS, Cybersecurity, and Secure Operating Practices. I have substantial... View More

Jack Mevorach
Jack Mevorach
answered on Dec 29, 2024

What are your damages? Jack

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2 Answers | Asked in Contracts, Intellectual Property and Business Law for New York on
Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More

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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for New York on
Q: Can my company stop me from moving?

I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

2 Answers | Asked in Contracts for New York on
Q: If my music publisher lied to me about the contract status, can I use it as evidence?

I have signed a digitially pre-signed music pubkishing deal with a UK publisher. The contract termination clause neither includes nor excludes mutual agreement, but says that it requires written notice. I asked the publisher to terminate contract, but he told me in an email message that I am free... View More

Carl Nelson
Carl Nelson
answered on Dec 1, 2024

Assuming the contract is construed under the laws of New York (unclear from your question and this is with a foreign entity), whatever the other party (the publisher) is telling you about the contract is mostly irrelevant. What matters are the terms of the contract not how the other side is... View More

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3 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Stephen Bilkis
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answered on Nov 30, 2024

I understand that you're in need of legal representation and are looking for a walk-in law office in New York. Finding an attorney who can meet with you promptly is important, and I'm happy to provide some guidance on how to locate one.

Many law firms in New York understand that...
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