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New York Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

0 Answers | Asked in Contracts for New York on
Q: is it possible to sign a contract with consent so that a person don't get married in their life become a mistress

And bear the contractors child without having status of wife

0 Answers | Asked in Contracts, Copyright, Intellectual Property and Internet Law for New York on
Q: In New York, is it legal to privately stream/screen share a movie I legally obtained to another person?

I've been looking into piracy and copyright laws. Some answers say it's okay because it's not a "public performance" and is akin to watching a movie with a friend at home. Others say it's okay, in principle, but could break a platform's TOS (which is legally... Read more »

1 Answer | Asked in Criminal Law and Contracts for New York on
Q: Is small claims court worth it and can i press charges for fraud?

I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »

Gary Lane
Gary Lane
answered on Jul 13, 2022

How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

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... Read more »

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1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Landlord says I'm not allowed on roof of apartment advertised as having "private roof deck"

I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.

The roof has only one entrance through a door inside the apartment.

The... Read more »

Gary Lane
Gary Lane
answered on May 23, 2022

Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Contracts for New York on
Q: Signing as poa without adding "as poa for John Doe", is that valid?
Tim Akpinar
Tim Akpinar
answered on May 7, 2022

It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 23, 2022

Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

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1 Answer | Asked in Contracts and Health Care Law for New York on
Q: I’m a former anesthesia technician fired while on assignment at Harlem Hospital! I’m looking for legal representation.

Hello

I’ve been an anesthesia technician for 19 years(traveler since 2011). I was on assignment in nyc at Harlem Hospital(April 2021-September 2021) & had been extended(asked to renew my contract to stay on to keep working) 3 times(I accepted). I was asked to extend a 4th time right... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

I'm sorry your question remains open for a week. At this point, you could repost your question under the Employment Law category. You are correct about this matter being related to health care law, but an employment law attorney would probably have the strongest insight here about your rights.... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Small Claims for New York on
Q: Business took $23K from me and only sent $7k worth of product in 2020. How can I get the money back? Court, Arbitration

I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2022

It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: If I don’t have a lease , do I have squatters rights?

My mother lived in this apartment and I took it over . The landlord knew about me taking it over and agreed to it . I never signed any paperwork . He hasn’t fixed one single whole in the walls . Hasn’t got me a new fridge or a working stove . I’ve been here since November and have been paying... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 16, 2022

If you have been paying rent directly to the landlord and the landlord has accepted your payments, you shouldn't have to rely on "squatter's rights" but are instead a tenant entitled to legal protections afforded by the Housing Stability and Tenant Protection Act of 2019 as well... Read more »

1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

1 Answer | Asked in Contracts for New York on
Q: NY vehicle repossessed. Wondering if the finance company is to notify of repo?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 9, 2022

Yes if you are in default, the finance company may repossess the car without prior notice. That does not mean that you no rights. It is necessary to review the contract to know exactly. That said, you have at least the following rights:

The right to receive a notice immediately after the...
Read more »

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin
answered on Jan 24, 2022

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... Read more »

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