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New York Contracts Questions & Answers
2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

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1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... Read more »

Mathew Paulose
Mathew Paulose answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if "you" are indeed... Read more »

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

2 Answers | Asked in Contracts, Estate Planning and Entertainment / Sports for New York on
Q: How would you know if there's a will left and not just thrown away?
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 25, 2019

If you believe there was a Will you would check where the decedent kept important papers, get in touch with their attorney or check with the local Surrogate’s Court to see if it was filed. If there is a safe deposit box many times people make the mistake of putting their Will there.... Read more »

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1 Answer | Asked in Contracts and Business Law for New York on
Q: We require to write on an envelope tender:“tender no... st’” and we wrote street instead

Can our proposal disqualified because of it?

It should have written:st’

And we wrote street.

I’m scared I will be fired because of it

Mathew Paulose
Mathew Paulose answered on Sep 9, 2019

Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you... Read more »

1 Answer | Asked in Contracts for New York on
Q: If a realtor agrees to lower the commission percentage does she need to create a new Listing Agreement?

Current agreement at 5% but has agreed to go to 4% but says that she cannot change the listing contract that her firm does amendment forms instead. Am I bonded to the original contract if I sign an amendment form?

Current agreement does not seem right. She has 5% listed as the Broker Fee... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 31, 2019

An amendment seems right. You are changing one term, not re-listing the property.

1 Answer | Asked in Contracts for New York on
Q: If the attorney approval period expires without either attorney voiding the contract (or approving it) do we still have?
Michael David Siegel
Michael David Siegel answered on Aug 13, 2019

New York law has no attorney review period. That is a New Jersey concept. If you have a special contract with an attorney review, it is not the usual form.

1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my file... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

2 Answers | Asked in Business Formation and Contracts for New York on
Q: I make three payments for a contract about cleaning house I nobody told me nothing nobody called me

I don’t know was going on

Michael David Siegel
Michael David Siegel answered on Aug 3, 2019

You can sue for your money back, or file a police complaint for consumer fraud.

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2 Answers | Asked in Banking, Contracts and Small Claims for New York on
Q: I want to start a very small lending company. $1000-$5000 max no more then 14% what exactly do I need to do this?

I read that 25000 and under and over 16%

But I would be charging less in interest so would I need any license ?

Michael David Siegel
Michael David Siegel answered on Jul 24, 2019

If you are lending to the public you need a banking license.

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1 Answer | Asked in Contracts for New York on
Q: I got auto-charged a renewal to an annual subscription for a website theme with no 30-day warning.

They are refusing to refund me despite my site being no longer active because I agreed to their terms and conditions upon signing up. However, they failed to warn me about the renewal. Are they legally obligated to refund me.

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Although almost all subscription services warn subscribers of upcoming auto-renewals as a courtesy to ensure the money is available, they are not required to do so, unfortunately. I am assuming that you elected for automatic renewal, or at least agreed to it, when you first signed up. You should... Read more »

2 Answers | Asked in Contracts for New York on
Q: Hello My husband co-sign on his cousin house. He was told the contract was for a yr. how he take himself out of it?

He was told it would only take a year to take him out of contract. It was done as a favor for his cousin. It’s been more than 6 years and it’s affecting his credit because the mortgage is not always paid on time by his cousin. My husband does not live on the house or contribute in any kind. He... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 13, 2019

Unless the cousin refinances to take him out, he does not get out of it.

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: a active land contract with mistakes, (1) recorded the deed (warranty deed) clear in my name. no mrtge, do i still owe ?

warranty deed with lien covenant with original grantor signed and myself as grantee. Clear title warranty stated. the date on the deed which is officially recorded states 2008 the document was created and recorded on 2018 (2nd mistake). it is a land contract that im paying on but no lien or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Whoever made all these mistakes could not have been a competent lawyer; so do yourself a big favor by hiring a REAL lawyer to fix all these mistakes.

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1 Answer | Asked in Business Law, Contracts and Small Claims for New York on
Q: If I have a signed but undated loan contract (with myself being the lender), how can I prove my case in court?
Michael David Siegel
Michael David Siegel answered on Jul 9, 2019

Prove the advance of funds. There should be a date on the check.

1 Answer | Asked in Consumer Law, Contracts and Collections for New York on
Q: I want to object as a plantiff , defense has filed a motion to compel and bring the case to federal court for subject ma

Subject matter jurisdiction. I have personal jurisduction in state supreme court. What is the name of the document to file to object to motion to compel change of venue.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

If the state court case meets all the requirements for being brought in a federal district court, the defendant(s) can remove it to the proper federal district court having jurisdiction. You as plaintiff can object to removal--which may be granted--because the federal court does not have to take... Read more »

1 Answer | Asked in Consumer Law, Contracts and Banking for New York on
Q: Can a private investigator track where i have been using my phone GPS or my car GPS?

I recieved a business card from a repo company PI. Not only did i recieve it at my house but it got addressed to me and sent to my boyfriends house as well. I never put his address on any documents what so ever. The only place i have his address is my phone and my car GPS. I never put his address... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

In these days of very advanced high-tech electronic systems and devices there is no doubt that smart investigators, private or otherwise can track anyone, anywhere at anytime--without stopping for coffee. There is nothing legal that you or I can do about it either. Welcome to America, circa 2019.

1 Answer | Asked in Contracts and Employment Law for New York on
Q: Can someone please tell me what this means?

"Severance: The firm shall pay to Employee severance pay in the gross sum of $3,139, which is equivalent to two (2) weeks of Employee's current base salary. This sum shall be treated as wage income, and shall be subject to applicable federal, state, and local withholdings and deductions. Payment... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

It means the employee can expect to receive two weeks' pay less normal deductions on the regular pay day following the effective date of the severance.

1 Answer | Asked in Business Law, Construction Law and Contracts for New York on
Q: Is a oral contract with a remodeling contractor who has been given the code approved plans provable in a court of law?

Hired a contractor upon receiving a written estimate. He was provided with engineered building plans and the knowledge the code enforcement was involved. I was the permit holder. He received payment in advance due to him stating he could secure financing through Synchrony bank where he is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Your question assumes a critical fact not established in this dispute. Just because you say the contract was oral does not make it so. IMPO, the remodeling contract you have with the contractor is clearly evidenced by the written estimate provided to you, apparently without objection. Paying the... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this... Read more »

Elaine Shay
Elaine Shay answered on Jun 20, 2019

In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the... Read more »

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