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New York Contracts Questions & Answers

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 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 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 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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1 Answer | Asked in Contracts and Animal / Dog Law for New York on

Q: If two people are on a vet account but only one signs any papers and payment agreement are both responsible for the bill

A few months ago my ex sister in laws pet needed to be seen by a vet. I called the vet and set up the appointment for her. The vet put both of our names on the file even tho it was for her animal. I went with her to the appointment for moral support and I watched her animal for a few days till she... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

It sounds like you have some choices: (1) Pay the old vet bill so the vet will take your pet in; (2) don't pay the vet bill and wait to see if the vet tries to collect; (3) Ignore the two previous choices and find a new vet for you pet (4) do nothing.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: Can roommate sue after they found a subletter that later left without me having any contact in months?

I am on the lease with 2 other girls but was being harassed. They wanted to find their own subletter so I left and they later found one and I had no contact with them. I forfeited my portion of the security deposit. Now that subletter moved out too and they are looking again. Can they sue me for my... Read more »

Elaine Shay answered on Jun 10, 2019

When you sign a lease as a co-tenant, each co-tenant remains responsible to the landlord for the full amount of the rent due to the landlord. This is true regardless of whether a co-tenant moves out before the expiration of the lease.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on

Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for New York on

Q: My father passed away and his house in Puerto Rico still has a tenant. She has been paying the same rent for almost

Over 15 years or so, I really don’t know. And the taxes are more than what she pays in rent. How h much can I raise the rent and when, etc. any info will help

Elaine Shay answered on Jun 4, 2019

Since the property is in Puerto Rico, your question would be better directed to an attorney admitted to practice in that jurisdiction.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for New York on

Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?

I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »

Bruce Alexander Minnick answered on May 31, 2019

As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »

2 Answers | Asked in Contracts for New York on

Q: Is quantity an essential term in a contract for the sale of goods in New York?

Michael David Siegel answered on May 31, 2019

Yes, if the claim is for a certain quantity being required. A contract could set a price, but not require any actual sales.

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2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Contracts for New York on

Q: If someone signs a contract to work somewhere for 1 year but after signing, changes it to 2 years but then gets let go

After 13 months what are the legal issues involved.

Michael David Siegel answered on May 15, 2019

It would depend on the terms of the contract and the reasons for termination.

1 Answer | Asked in Contracts for New York on

Q: What governs a storage unit contract under NY law?

Have a storage contract that automatically renews after 1 yr. Need to cancel contract but landlord doesn't want to release it until October 2019. The contract has been automatically renewing since 2007. There is a clause that contract can be canceled at anytime with 60 days advance notice. Is... Read more »

Michael David Siegel answered on May 10, 2019

If the contract has a 60 day notice clause that governs. The GOL is not relevant to this issue.

1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on

Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

1 Answer | Asked in Contracts for New York on

Q: Could client still sue me even though he demanded beyond what the contract entails?

Hello.

I work as a ghostwriter. I've worked with many wonderful clients until today. This has never happened to me before.

When we agreed on the contract, I've gave him below my standard price since I was led to believe that the project would encompass a month's work which it did... Read more »

Michael David Siegel answered on May 1, 2019

If he pays the filing fee, anyone can sue anyone for anything. The question is if sued, do you have a defense. From your post, the answer is yes. Be sure to answer any court filing.

1 Answer | Asked in Contracts for New York on

Q: If an investment banker is being sued for mishandling customer accounts, will that be considered a contract case?

The petitioner of the case is a university who is suing the respondent aka the investment banker, does that fall under the category of a contract case since the respondent illegally attained information about her customer's account?

Bruce Alexander Minnick answered on Apr 30, 2019

This question is unclear; who is "her" and what did the respondent do? If this case is between a university and one of the universities investment bankers, why is a non-litigant person involved?

2 Answers | Asked in Contracts and Real Estate Law for New York on

Q: Sellers being difficult about the closing date

I am purchasing a house in NY and i have being clear to close for the last two weeks, however, my sellers have been difficult about providing a closing date. My loan commitment expires on May 30th but they want to close on May 31st. The contract reads that closing should take place on or about... Read more »

Michael David Siegel answered on Apr 26, 2019

It depends on what your contract says about the closing date.

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1 Answer | Asked in Contracts, Traffic Tickets and Civil Litigation for New York on

Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.

I was leasing a yellow taxi medallion from a broker. The car title is under my name and financed by Toyota. The insurance is under the name of the medallion owner. The medallion got repossessed by the bank. My car has been sitting for over 3 weeks and the broker has not put the medallion back on... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on

Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

2 Answers | Asked in Contracts and Real Estate Law for New York on

Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?

Purchase offer accepted. Signed papers in hand. Realtor sends email stating that another offer has been made on the property, and it is for more than what was accepted. So both parties need to come up with a new offer within a few days, and then they will accept the highest offer. Something to do... Read more »

Elaine Shay answered on Apr 10, 2019

Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer... Read more »

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2 Answers | Asked in Contracts for New York on

Q: an entered confession of judgment entered with incorrect amount, how can I modify or vacate it

The entered judgment did not take into account the prepayments prior to its filing and thus the confessed amount and associated interest is incorrect

Michael David Siegel answered on Apr 2, 2019

You need to make a motion in court. The cost and format depends on whether it is supreme or civil court.

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