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New York Contracts Questions & Answers
1 Answer | Asked in Estate Planning, Contracts and Business Law for New York on
Q: My contractor for remodeling my home never give us a CO can we file a report it been 8 years.

My parents brought a house and got a contractor to remodel it from a single-faimly home to a multi-faimly. They got the remodeling done but never give us a CO certificate we been trying in touch for about 9 years and he been avoiding the situation and never really explaining what is going on. What... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 24, 2021

You need to have an architect file for this change. A contractor cannot do it. In fact, doing this work without the proper filings may mean that there are open violations and permits that are bigger issues.

2 Answers | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

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1 Answer | Asked in Construction Law and Contracts for New York on
Q: Is a hand written contract to terminate another contract legally binding?

I had a contract with a home builder to build a house but things went bad. I asked to walk away and the builder agreed to terminate the contract in exchange for some money which I paid. We didn’t use a attorney but wrote up a simple agreement and signed it. Am I clear of the builder’s contract now?

Michael David Siegel
Michael David Siegel answered on Sep 13, 2021

Depends on what you signed. The concept that a handwritten amendment can modify a preprinted form is true.

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Contracts for New York on
Q: If I am to become a power of attorney for my ex husband and I am on ny state gov.benefits can they recoup or take away

Benefits issued to me he also receives compensation payments

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

An attorney in fact, appointed by the principal or the maker of the document, steps into the shoes of the maker or principal of the document.

The attorney in fact must act in the best interests of the principal or maker of the document. That is called being a fiduciary for the principal or...
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1 Answer | Asked in Contracts and Sexual Harassment for New York on
Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2021

Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior...
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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How would I arrange a Tennants in Common situation to jointly buy a home with several people?

What type of real estate agent would I need? What type of lawyer would I need?

Elaine Shay
Elaine Shay answered on Aug 9, 2021

It is important that you retain an attorney that is well-versed in forms of propery ownership to confer with you about the form you ownership you mentioned. For example, it may be more advantageous to own the property as an LLC with an operating agreement that provides for addressing common... Read more »

1 Answer | Asked in Consumer Law, Contracts and Copyright for New York on
Q: I have a clothing line with ideas of using thunder cats as one of my themes. Looking for permission to use.

Wanna use characters etc for different t shirt designs

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... Read more »

1 Answer | Asked in Contracts and Business Formation for New York on
Q: Can I open my llc (I am a psychotherapist) in New York with a P.O. Box address from UPS?

I am a licensed LCSW. I want to start a private practice. I am trying to form an LLC for my business. Can I use the postal address that UPS provided me (which is a street address) as my address for starting this LLC, or do I need a physical address? I will not be conducting in-person therapy,... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 3, 2021

What most people do is use the physical address of the UPS Store, and call your box number your "suite". Just work it out with the owner to put that mail in your box.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: If information isn’t printed legibly in a lease is it still valid?

My husband signed a one year lease but ended up getting a job in another part of the state so he needs to terminate his lease early. They are saying he needs to pay one month rent as an early termination fee. In the lease where that information is to be printed the space is empty and is actually... Read more »

Elaine Shay
Elaine Shay answered on Jul 12, 2021

Unless the lease contains specific provisions that allow for early termination, there is not right for the tenant to terminate a lease early and the landlord can seek to hold the tenant responsible for the full term of the lease. It is not uncommon for landlord's to request a payment to agree... Read more »

1 Answer | Asked in Contracts and Business Formation for New York on
Q: I was given a business. The business does not charge for services. The clients sign up on the website for service.

I need to make sure the contract is legally binding and I am becoming owner of said business.

I am on SSI & SSDI as my income.

The business is strictly a website type business.

Tim Akpinar
Tim Akpinar answered on Jun 17, 2021

I'm sorry your question remains open for two weeks. The format here is usually quick general questions, which is why it could be difficult to get a response to review a contract. You could use the "Find-a-Lawyer" tab above to reach out to attorneys or search independently online.... Read more »

2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 8, 2021

Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the... Read more »

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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: if I signed a retail motor vehicle lease agreement in NY and car was shipped to me in NY does this fall under NY law?

Car was shipped to NY from dealer in Texas before I signed all papers and before dealer signed any papers and therefore the lease was never effectuated and I believe should be void. The transporting of this expensive car prior to a binding agreement was a form of entrapment. Noticed the dealer... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Yes. If the contract was signed in New York, in particular with a New York-based business, then it is almost definitely controlled by New York laws... assuming there's no arbitration agreement or Choice of Laws Clause in the contract.

Good luck with your case!

1 Answer | Asked in Contracts and Copyright for New York on
Q: Game designer stuck in a bad contract with a scammer who refuses to produce my games.

My contract stipulates that he has the rights to two of my games, and my next few. I've given him the games I'm required to, and he is optioning them (they will never be produced). The second game he has rights to is for a vague idea for a game that was never finished (he never provided... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

You need to consult with an attorney to review your contract to understand your risks and options.

1 Answer | Asked in Contracts for New York on
Q: I gave the rights to a game I designed to a scammer who is not producing. Can I design a new game with the same theme?

I designed a game and it was picked up by a games publisher who has since been revealed to be a scammer, and their reputation in the industry is lower than dirt. Unfortunately, they refuse to relinquish any of my titles despite never producing anything. Can I design new games with similar themes to... Read more »

Kevin Abessi
Kevin Abessi answered on May 30, 2021

Ah, what an interesting legal area! Games-related cases date back quite a bit. On the analog side, you have Parker Brothers (now Hasbro) fighting to protect Monopoly by imitators like anti-Monopoly and Ghettopoly over decades. On the digital side, you can all all the way back to Pong for video game... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

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