Lawyers, Answer Questions  & Get Points Log In
New York Contracts Questions & Answers
1 Answer | Asked in Contracts for New York on
Q: Can a gym membership hold you liable for a 2 month payment opt out in suffolk county ny?

I emailed and texted that was unable to keep it on July 19. My payments are the 16th. I paid aug,sept, and oct. Now they are saying I never filed an opt out form. Am I liable for another 2 months? I have been a member for over a year and the mandatory length was 4 months.

**update The gm... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

In Suffolk County, NY, the enforceability of a gym membership contract and its cancellation terms depend on the specific language of the contract. If your gym membership agreement includes a clause requiring a formal opt-out form to cancel the membership, then not submitting this form could... View More

1 Answer | Asked in Contracts and Business Law for New York on
Q: Hello, I have an Amazon store, I hired an automation company, they seem fraudulent and taking my cash

The automation company made high claims to return profits to me by adding products to my store. They have only surmounted losses, big losses. They've also never given me a statement of earnings losses etc. this whole year when I asked. Everything this past year has been so blurred. Now... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Based on your description, it seems you may have grounds to dispute the actions of the automation company. If their services have resulted in significant losses and they have failed to provide detailed statements of account, this could potentially constitute a breach of contract or... View More

1 Answer | Asked in Contracts and Estate Planning for New York on
Q: Adding a promissory note to a small estate.

My husband, “T” of NY, lent his brother, “J” of MI, $45000 in ‘08. A 10 yr unsecured promissory note was drawn by the atty that settled their parents’ estate. The note was for T’s share. Only J signed. Per the note, J was to pay $2K in interest over 10 yrs plus $1500/yr. In 8/18 the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Handling a promissory note in a small estate is indeed different from transferring a title for a vehicle. The note, especially with an outstanding balance, is considered an asset of the estate and should be included. Since your late husband was owed the balance at the time of his passing, this debt... View More

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I was on maternity leave (ending May) and left my job in Aug. In October they said my maternity was overpaid/want refund

Nevermind will ask real lawyer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More

2 Answers | Asked in Contracts, Consumer Law, Collections and Construction Law for New York on
Q: Contract to replace roof shingles - 1st - roofer used shingle brand OTHER than those contracted for - 2nd - did horrible

work that manufacturer wouldn't warrantee as it was when completed. Homeowner has paid hauling fee and is agreeable to paying something for materials. Does NOT want same sub-contractor to do repairs and original contractor will not do any more and has sent a release/settlement agreement.... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 23, 2023

Yes the lien can be placed. And you have a lawsuit against the others.

View More Answers

1 Answer | Asked in Contracts, Estate Planning and Probate for New York on
Q: I am concerned that I am being charged twice for the same service by my Attorney.

I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the... View More

1 Answer | Asked in Contracts for New York on
Q: What is the individual able to buy? Can he buy food? Stuff like that?
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2023

It looks like part of your question may have gotten left off. You could try reposting. Don't include personal information. Good luck

4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.

The owner of the property was not ready to close on or before September 22nd,... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 15, 2023

Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More

View More Answers

1 Answer | Asked in Contracts for New York on
Q: I was an insurance agent for ltpc in 2003 do I have any standing under Lion 2004 Receivables Tr. v. LTPC

I hope you can help me. My name is xx and I was an agent for Long Term Preferred care based in Franklin TN from 1999 to 2003

I was licensed in NY state to sell a variety of long term care insurance products including the NY state partnership for care products. While I was under contract... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

It's important to review the terms of the contract you signed with Long Term Preferred Care, as well as any relevant court decisions, to determine if you have a claim. The case of Lion 2004 Receivables Trust v. LTPC may have implications for former agents, particularly if it addressed the... View More

1 Answer | Asked in Contracts for New York on
Q: For how long is a temporary injunction ordered by NYS Supreme Court valid?

NY State Supreme Court issued a temporary injunction against the defendant in my favor, as the plaintiff. The order allows me to litigate/settle the charges against the defendant before any negative actions are taken against me by the defendant. Do I have to start litigation within a certain number... View More

Jack Mevorach
Jack Mevorach
answered on Oct 9, 2023

The Order must be reviewed. It will say.

Jack

1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: I fired my attorney then 3 months later we we in a settlement conference he signed legal documents Is he allowed to do t

I fired my attorney in a malpractice case 3 months later We were at a settlement conference and he signed legal documents Is settlement valid I was forced to sign by my attorney and judge even though I did not want to

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Your facts do not ring true or correctly and are contrary to established requirements of an on record settlement. I suggest you take your matter up with your attorney to obtain a clear understanding of what happened.

2 Answers | Asked in Contracts for New York on
Q: hi, is there anyway I can help in a contract case online?
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2023

With the brief Q & A format of this site, it could be difficult. It isn't set up for exchanging attachment files for review and comment, not to mention the issue of confidentiality on a public forum. One option could be to look into whether there are sites out there that so offer such... View More

View More Answers

2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Carl Nelson
Carl Nelson
answered on Sep 16, 2023

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

View More Answers

2 Answers | Asked in Contracts for New York on
Q: How can my friend be protected for a giving me a short term loan in the event of my demise?

I would use the funds to buy real estate and pay her back with proceeds from the sale of my coop. Her only concern is if something happens to me before I sell my apartment and have the funds to pay her back.

Carl Nelson
Carl Nelson
answered on Sep 14, 2023

You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and... View More

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month.

I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 11, 2023

Dear Queens Tenant

Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?

If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.

If that is...
View More

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can a NY HOA change their by laws themselves or is a lawyer required?

Our original condo Offering is missing 2 pages - which detail duties of Officers of the HOA. None of the owners, managing agent, local realtors attorneys used in closings have these missing two pages. We want to simplify the process by developing our own by-laws,. We want to do so without the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 1, 2023

Dear Clifton Park Condo Owner:

I suggest you research NY model forms of Condominium Bylaws. I doubt anyone will suggest that it is agood idea to do an amendment of Bylaws without an attorney since this may require the approval of the Attorney General.

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: I entered into a contract with a company to sell my property to them but have not heard back. What are my options?

As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?

David Marc Deemer
David Marc Deemer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2023

Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.

View More Answers

1 Answer | Asked in Government Contracts, Contracts, Foreclosure and Real Estate Law for New York on
Q: what new york state form do I need for a partial assignment of inheritance expectancy between assignor and assignee ?

Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the... View More

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Another form question? Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I'm being asked to pay for a consultation but im worried.

the individual is advertised as a pro laywer here but I don't know if it's legit.

250 dollars for 30 minutes is rough for me and my limited means. and because i'm in New York and the laywer is in California they say "I do not practice in New York. If the injury or... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

Hiring an attorney can be a personal decision - are you pleased with the person's level of expertise and experience, are they someone you would feel comfortable working with, do you trust them, etc. No one here can make that decision for you.

If the person is someone with who you...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.