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New York Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: Hi! I am writing this email to request your advice on terminating an off-campus housing lease in Ithaca. NY.

Hi! I'm an international student at Cornell University. My roommate and I currently live in an off-campus apartment in Ithaca. Due to the virus situation, we decided to move to Long Island and study online next semester. However, before the pandemic, we renewed and extended our lease to next... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 10, 2020

The lease will govern your rights. However, as a suit for damages would not be enforceable internationally as a practical matter, there is nothing the landlord can really do. Just do not pay.

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2 Answers | Asked in Contracts for New York on
Q: Can a seller back out of a deal a day before closing? Because they are upset with the buyer?

We are set to close in a days time and seller got upset with us today and says she is killing the deal and not selling to us. Can she do this ?

Michael David Siegel
Michael David Siegel answered on Aug 6, 2020

No. But to fight this you are going to have to sue.

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3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
Read more »

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1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Contracts for New York on
Q: if a campground contract for a seasonal site has been modified due to covid19 does this make the original contract void?

We are Canadians. A contract was signed in October of 2019 with a payment of 1/4 of the site rental for the 2020 season. Covid 19 and borders closing forced us to put our trailer to sleep and pay half the site rental, an amendment make to our contract. In the meantime we have sold the trailer.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

One would need to review the contract and its modifications to offer meaningful input. As a general premise of U.S. contract law, a contract cannot be modified unilaterally - both sides generally need to agree to a modification of a contract. As for the trailer, unfortunately, owning or not owning... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: I have a question regarding Bronx residents rights. My father passed in Oct. When him and I signed the lease 5 yearsago

Management knew that I wont be on the lease but id be living there as I went with him to sign the lease. I've done some research on squatters rights but iam unsure if it pertains to me. I'd like to stay with the apartment but would like to advise management. This building is not Section 8... Read more »

Elaine Shay
Elaine Shay answered on Jul 11, 2020

If the building is subject to Rent Stabilization or other rent regulation, you may be entitled to succession rights provided you lived with your farther for the required time before he passed. Even if that isn’t the case, many landlords would be happy to keep on a good tenant

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2 Answers | Asked in Contracts for New York on
Q: Does a counterclaim dismissal with prejudice mean that the defendant is no longer on the case if the plaintiff files it?
Tim Akpinar
Tim Akpinar answered on Jul 9, 2020

When a claim is dismissed with prejudice, that generally means the claim cannot be brought again. Your description mentions a counterclaim. You could consider consulting with an attorney who handles contract litigation to review the impact of the dismissal on the case. Good luck

Tim Akpinar

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1 Answer | Asked in Contracts for New York on
Q: What is a counterclaim dismissal with prejudice from a plaintiff?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

A dismissal with prejudice means that the dismissed claim may not be brought/filed again.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Can I break a comm. office sublease in NYC if I discovered the Cert. of Occupancy is for storage only, not office use?

It’s a hosting agreement, avoids the word ‘lease’, so perhaps not technically a sublease.

I never took occupancy.

Landlord was ok with us delaying start date due to Covid19, but now wants to begin term.

In researching NYC phase 2 Covid19 reopening guidance, I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 2, 2020

It depends on the terms of your lease. If you took "as is" and there is no representation that it is for office use, you might have problems. If there is such a representation, you have a defense if the landlord comes after you for the money.

1 Answer | Asked in Contracts and Business Law for New York on
Q: In a limited partnership, can the only GP file a Cert. of Cancellation, without the signatures of the 2 remaining LP's.

This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.

Michael David Siegel
Michael David Siegel answered on Jun 25, 2020

It is governed by the partnership agreement. It depends also on the percentage of ownership of each.

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: how to get my deposit back when the contract expired?

This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).

Michael David Siegel
Michael David Siegel answered on Jun 22, 2020

First, the contract will have terms. Second, if you are in the right, you may have to sue.

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2 Answers | Asked in Contracts for New York on
Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Gary Lane
Gary Lane answered on Jun 20, 2020

Yes, they have breached the lease, allowing you to go elsewhere, assuming you have notified them in writing with proof of that. They sue for return of deposit if need to.

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2 Answers | Asked in Contracts for New York on
Q: I paid a company to fix my mower and two years later they still have it. Is there anyway to receive my money back?

I paid them in advance and at one point they thought they fixed it, upon my arrival I could not get it started. I just want my mower and my original money back

Sarah Elena Gold
Sarah Elena Gold answered on Jun 17, 2020

Depending on where the company is located in relationship to where you live, you may be able to bring a small claims action against the company, seeking the amount you prepaid as well as the mower. Any written documentation including claim check or price quote would be very important in proving... Read more »

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1 Answer | Asked in Contracts, Business Law and Insurance Defense for New York on
Q: I live in Suffolk county NY. I want to take a travel insurance company to small claims but theyre based in Missouri.

Where would i make the claim? The insurance was purchased online along with travel package through groupon

Sarah Elena Gold
Sarah Elena Gold answered on Jun 17, 2020

You won't be able to make the claim in small claims court in NY. The Defendant must reside, work or have a business address within the five western towns of Suffolk County. You'd have to bring the claim in county court, which will be considerably more expensive and may be cost... Read more »

1 Answer | Asked in Contracts for New York on
Q: default judgement granted by the judge after denying a cross motion to file a late answer. Do I need to show mitigation

This is a NYS Employment breach of contract for early termination. Other elements are fraud in the inducement, restrictive covenants and bonus.

The judges order: Plaintiffs motion for default judgement pursuant to CPLR 3215 is hereby granted in its entirety on liability. We have a July... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2020

You are correct. There is no discovery for an inquest.

1 Answer | Asked in Business Law and Contracts for New York on
Q: Can I withhold returning goods to a NY based company which owes independent contractor $ and expenses?

My contract calls for weekly compensation and commissions but they are ignoring my written requests for past due weekly compensation, expense reimbursements and commissions. I am in possession of their goods used as samples

Michael David Siegel
Michael David Siegel answered on Jun 8, 2020

Yes. It is called a setoff.

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

3 Answers | Asked in Contracts and Real Estate Law for New York on
Q: We are doing a private home sale in New York. Can we ask the buyer to provide mortgage down payment information?
Vincent Gallo
Vincent Gallo answered on May 30, 2020

Of course, you’re entitled to know if they can really afford to purchase your house.

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2 Answers | Asked in Contracts, Estate Planning and Probate for New York on
Q: How does an Anti-Lapse Statute in NY apply, if two named relatives listed passed away with no children or wife?

my great aunt left a will naming nieces and nephews.

only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.

the other... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 24, 2020

Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.

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3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

Tim Akpinar
Tim Akpinar answered on May 18, 2020

Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... Read more »

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