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New York Contracts Questions & Answers
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

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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

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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

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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...
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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
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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.

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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...
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1 Answer | Asked in Insurance Bad Faith and Contracts for New York on
Q: Is an insurance company responsible for posting wrong information on Plan Summary document?

I received a dental service which is fully covered by my dental insurance, according to the Plan Summary document which my insurance company posted on the webpage. However, it turned out that the summary document was wrong, and it was not covered according to the full benefit document.

Is... View More

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2023

You could make the argument that they are responsible for the incorrect information. They could respond with an argument that the long version policy applies, or that their post is subject to changes, or other provisions. If the denial is substantial, there are health care attorneys who litigate... View More

1 Answer | Asked in Insurance Bad Faith, Contracts and Family Law for New York on
Q: Regarding life insurance?

My dad had signed up for a term life insurance policy for $7000 until he reaches 90 years old, or when he dies. At the time when the insurance company called him to sign up he spoke very little English, that term was set to fully paid in 2013. But he kept paying the policy every month, he passed... View More

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a... View More

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for New York on
Q: what is the safest way to legally get rid of old business contracts with client information on the contracts ?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

One option is to use a reputable shredding company. They can provide a receipt for completion of the work, which you could retain for your records. Good luck

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2 Answers | Asked in Contracts for New York on
Q: Can I draw up a contract to temporarily assign ownership of a vehicle to one party under certain conditions?

If the conditions are not met, the title would then revert to the original owner.

T. Augustus Claus
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answered on Aug 10, 2023

Yes, you can draw up a contract to temporarily assign ownership of a vehicle to another party under certain conditions. This type of arrangement is commonly known as a "conditional sale" or "conditional ownership" agreement. In this agreement, you, as the original owner, would... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

1 Answer | Asked in Contracts for New York on
Q: We are a small retail food business selling non cooked foods. We have been in business for three years and are thriving.

Problem is, we have introduced a new product that does not violate our lease or lease rider but another retail tenant opposes our right to sell our product. We have just learned that the type of product we sell violates a clause between the landlord and the other tenant BUT does NOT violate our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 5, 2023

It would depend on the terms of your lease. The two issues are whether the landlord must offer you a new lease at all, and whether this issue you are raising is relevant.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: is it legal that POA changed beneficiary of a life insurance to themselves.

My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.

T. Augustus Claus
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answered on Jul 11, 2023

A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.

Changing the beneficiary designation...
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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I took my vehicle to have new brakes put on, the mechanic did more than I approved without my permission, is it legal

They gave me a bill for 713.00 because they went ahead and replace things I didn't ask them to replace, I haven't paid them until I can find out if they had a right to do that , they didn't call and ask me about the other items they repl

T. Augustus Claus
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answered on Jun 27, 2023

A mechanic generally cannot perform repairs or replace parts without the customer's approval unless there is an immediate safety concern. If the mechanic performed unauthorized repairs and charged you for them, you may have grounds to dispute the charges and seek a resolution, potentially... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Where can I find all of the Federal & NY State laws which regulate the Credit Repair Industry?
Tim Akpinar
Tim Akpinar
answered on Jun 25, 2023

This is something that the collection attorneys and banking attorneys here would know best. But your question remains open for two weeks. Until you reach an attorney who is knowledgeable in this area, a starting point in terms of regulatory agencies for guidance could be the Federal Trade... View More

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