I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More 
answered on Dec 4, 2023
The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More
I emailed and texted that was unable to keep it on July 19. My payments are the 16th. I paid aug,sept, and oct. Now they are saying I never filed an opt out form. Am I liable for another 2 months? I have been a member for over a year and the mandatory length was 4 months.
**update The gm... View More
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answered on Nov 23, 2023
In Suffolk County, NY, the enforceability of a gym membership contract and its cancellation terms depend on the specific language of the contract. If your gym membership agreement includes a clause requiring a formal opt-out form to cancel the membership, then not submitting this form could... View More
The automation company made high claims to return profits to me by adding products to my store. They have only surmounted losses, big losses. They've also never given me a statement of earnings losses etc. this whole year when I asked. Everything this past year has been so blurred. Now... View More
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answered on Nov 13, 2023
Based on your description, it seems you may have grounds to dispute the actions of the automation company. If their services have resulted in significant losses and they have failed to provide detailed statements of account, this could potentially constitute a breach of contract or... View More
My husband, “T” of NY, lent his brother, “J” of MI, $45000 in ‘08. A 10 yr unsecured promissory note was drawn by the atty that settled their parents’ estate. The note was for T’s share. Only J signed. Per the note, J was to pay $2K in interest over 10 yrs plus $1500/yr. In 8/18 the... View More
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answered on Nov 12, 2023
Handling a promissory note in a small estate is indeed different from transferring a title for a vehicle. The note, especially with an outstanding balance, is considered an asset of the estate and should be included. Since your late husband was owed the balance at the time of his passing, this debt... View More
Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More
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answered on Nov 8, 2023
In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More
I hope you can help me. My name is xx and I was an agent for Long Term Preferred care based in Franklin TN from 1999 to 2003
I was licensed in NY state to sell a variety of long term care insurance products including the NY state partnership for care products. While I was under contract... View More
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answered on Nov 4, 2023
It's important to review the terms of the contract you signed with Long Term Preferred Care, as well as any relevant court decisions, to determine if you have a claim. The case of Lion 2004 Receivables Trust v. LTPC may have implications for former agents, particularly if it addressed the... View More
I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that... View More
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answered on Nov 4, 2023
If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the... View More
Nevermind will ask real lawyer
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answered on Nov 4, 2023
If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
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answered on Nov 5, 2023
If the contract explicitly stated that closing had to occur on or before September 22, 2023, and the seller failed to close by that date without your mother's consent for an extension, then the seller may have breached the contract.
Your mother's subsequent withdrawal of her... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
answered on Oct 16, 2023
I agree with Mr Smollens. It appears from your question that time was not originally made of the essence in the contract (since you said the seller’s attorney “filed time of the essence”), and accordingly their not closing on the date may not have been a breach if you did not provide the... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
answered on Oct 15, 2023
Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More
answered on Sep 17, 2023
With the brief Q & A format of this site, it could be difficult. It isn't set up for exchanging attachment files for review and comment, not to mention the issue of confidentiality on a public forum. One option could be to look into whether there are sites out there that so offer such... View More
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
answered on Sep 16, 2023
I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
answered on Sep 19, 2023
Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More
I would use the funds to buy real estate and pay her back with proceeds from the sale of my coop. Her only concern is if something happens to me before I sell my apartment and have the funds to pay her back.
answered on Sep 14, 2023
You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and... View More
I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More
answered on Sep 11, 2023
Dear Queens Tenant
Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?
If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.
If that is... View More
Our original condo Offering is missing 2 pages - which detail duties of Officers of the HOA. None of the owners, managing agent, local realtors attorneys used in closings have these missing two pages. We want to simplify the process by developing our own by-laws,. We want to do so without the... View More
answered on Sep 1, 2023
Dear Clifton Park Condo Owner:
I suggest you research NY model forms of Condominium Bylaws. I doubt anyone will suggest that it is agood idea to do an amendment of Bylaws without an attorney since this may require the approval of the Attorney General.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
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answered on Aug 27, 2023
Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
answered on Aug 27, 2023
Maybe. Depends on the terms of the contract. But, it would take a lawsuit, and whether you can collect the costs of a suit or even a judgment, is speculative.
I received a dental service which is fully covered by my dental insurance, according to the Plan Summary document which my insurance company posted on the webpage. However, it turned out that the summary document was wrong, and it was not covered according to the full benefit document.
Is... View More
answered on Aug 16, 2023
You could make the argument that they are responsible for the incorrect information. They could respond with an argument that the long version policy applies, or that their post is subject to changes, or other provisions. If the denial is substantial, there are health care attorneys who litigate... View More
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