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New York Contracts Questions & Answers
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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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More

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2 Answers | Asked in Contracts, Civil Rights and Identity Theft for New York on
Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More

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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

2 Answers | Asked in Contracts and Criminal Law for New York on
Q: I wanted to buy a house in different county. I'm in kings county and the property in broome county both in New York.

I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More

Carl Nelson
Carl Nelson
answered on May 9, 2024

You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More

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1 Answer | Asked in Contracts for New York on
Q: Hello I'm a plantiff in a civil court case in NYC. The Defendants lawyer filed a motion to dismiss. I submitted my answe

The judge said he will have an answer in 60 days. It has been already 70 days and no answer. I called the court building and was told the case is still active the clerk told me he looked in the file and the judge placed an empty answer page with nothing written on it. What am I to do? How long does... View More

Michael David Siegel
Michael David Siegel
answered on May 7, 2024

The court rules require motions to be decided in 60 days. It is routinely ignored and there is no enforcement mechanism. There is nothing you can do. However, as you are the plaintiff, it really does not matter. It will not impact the time for your case to come to trial, which is also quite... View More

2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information provided, it seems like you're caught in a bureaucratic nightmare with various agencies and companies giving you conflicting information and requirements. The situation is complex, and without knowing the specific laws and regulations in your jurisdiction, it's... View More

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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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1 Answer | Asked in Contracts and Business Law for New York on
Q: Do I have to pay someone for work done after I told him I was out of money and he had to stop work.

One of the conditions I stipulated when I hired him was that when I ran out of money, he had to stop work. Also, I wanted to use my Home Depot credit card for materials. He agreed. So when I ran out of funds, I asked him to stop work, but he continued working. He texted me that I owed him $650.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

The attorneys here who deal with commercial and business litigation would have the best insight here, but your question remains open for a week. Unfortunately, this has the makings of a difficult situation that could wind up in small claims. From the brief post, it looks like there might be... View More

2 Answers | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I signed a non disparagement agreeement with a plastic surgeon. Can I write truthful reviews without giving my opinion?

To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: I am a service contractor in NYC and work with many real estate property management companies.

The property manager signed a 1-yr weekly service contract with my firm. I was just informed they wish to terminate the agreement immediately, which is 9 months short of the 1yr term. How can I hold them to this contract if they will not permit my staff from entering the building?

T. Augustus Claus
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answered on Jan 10, 2024

To enforce the service contract with the property management company in NYC, you should carefully review the terms and conditions outlined in the agreement. If the contract specifies a one-year term, the property manager may be obligated to fulfill the entire duration unless there are valid reasons... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Problematic business partner

Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?

Samuil Buschkin
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answered on Jan 9, 2024

There are several issues that appear to be related to your question: (a) are the partners united or are their interests and positions in some way opposed to one another, (b) is it an LLP or an LLC ? Either way the Partnership Agreement or the Operating Agreement, respectively would need to be... View More

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1 Answer | Asked in Contracts and Tax Law for New York on
Q: What are my options in a situation where the church receives a SS-8 from IRS for Minister who receives 1099-NEC?

I am a bookkeeper for a religious organization in New York City and received a SS-8 from the IRS referring to a minister who I issued a 1099-NEC for the past two years for her regular professional services to the church. There are several other ministers who perform similar service who also receive... View More

James L. Arrasmith
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answered on Dec 25, 2023

Receiving a Form SS-8 from the IRS in this context indicates they are reviewing the classification of the minister as an independent contractor (reflected by the 1099-NEC) versus an employee. The IRS will determine whether the minister should be classified as an employee based on factors like the... View More

1 Answer | Asked in Contracts for New York on
Q: Am I in trouble after I agreed to sell my tablet to my friend but sold another friend?

I was talking about selling my old tablet for around $200 online, then my friend called me and he wanted to buy it at $150. I agreed and I told him to bring it the same day but on the way to his house, I run into my another friend and she offered me $200 to buy the tablet. so I sold it to her.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

It sounds like a breach of contract from a textbook standpoint because you had an offer and an acceptance initially, and then you had another offer and acceptance for the same item and sold it to someone else. Based on the cost of the tablet, you probably don't want to involve attorneys or... View More

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