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New York Contracts Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: If information isn’t printed legibly in a lease is it still valid?

My husband signed a one year lease but ended up getting a job in another part of the state so he needs to terminate his lease early. They are saying he needs to pay one month rent as an early termination fee. In the lease where that information is to be printed the space is empty and is actually... Read more »

Elaine Shay
Elaine Shay answered on Jul 12, 2021

Unless the lease contains specific provisions that allow for early termination, there is not right for the tenant to terminate a lease early and the landlord can seek to hold the tenant responsible for the full term of the lease. It is not uncommon for landlord's to request a payment to agree... Read more »

1 Answer | Asked in Contracts and Business Formation for New York on
Q: I was given a business. The business does not charge for services. The clients sign up on the website for service.

I need to make sure the contract is legally binding and I am becoming owner of said business.

I am on SSI & SSDI as my income.

The business is strictly a website type business.

Tim Akpinar
Tim Akpinar answered on Jun 17, 2021

I'm sorry your question remains open for two weeks. The format here is usually quick general questions, which is why it could be difficult to get a response to review a contract. You could use the "Find-a-Lawyer" tab above to reach out to attorneys or search independently online.... Read more »

2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 8, 2021

Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the... Read more »

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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: if I signed a retail motor vehicle lease agreement in NY and car was shipped to me in NY does this fall under NY law?

Car was shipped to NY from dealer in Texas before I signed all papers and before dealer signed any papers and therefore the lease was never effectuated and I believe should be void. The transporting of this expensive car prior to a binding agreement was a form of entrapment. Noticed the dealer... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Yes. If the contract was signed in New York, in particular with a New York-based business, then it is almost definitely controlled by New York laws... assuming there's no arbitration agreement or Choice of Laws Clause in the contract.

Good luck with your case!

1 Answer | Asked in Contracts and Copyright for New York on
Q: Game designer stuck in a bad contract with a scammer who refuses to produce my games.

My contract stipulates that he has the rights to two of my games, and my next few. I've given him the games I'm required to, and he is optioning them (they will never be produced). The second game he has rights to is for a vague idea for a game that was never finished (he never provided... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

You need to consult with an attorney to review your contract to understand your risks and options.

1 Answer | Asked in Contracts for New York on
Q: I gave the rights to a game I designed to a scammer who is not producing. Can I design a new game with the same theme?

I designed a game and it was picked up by a games publisher who has since been revealed to be a scammer, and their reputation in the industry is lower than dirt. Unfortunately, they refuse to relinquish any of my titles despite never producing anything. Can I design new games with similar themes to... Read more »

Kevin Abessi
Kevin Abessi answered on May 30, 2021

Ah, what an interesting legal area! Games-related cases date back quite a bit. On the analog side, you have Parker Brothers (now Hasbro) fighting to protect Monopoly by imitators like anti-Monopoly and Ghettopoly over decades. On the digital side, you can all all the way back to Pong for video game... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

1 Answer | Asked in Contracts for New York on
Q: Can a seller re- list a house if we are in a signed contract to purchase

We signed a contract in January, paid a down payment and expected to close 2 weeks ago but the title company wouldn’t release the title until a problem with the pool was fixed. The seller has now resisted the house and is holding an open house on the property today. As of yesterday the title... Read more »

Michael David Siegel
Michael David Siegel answered on May 15, 2021

A seller cannot relist if you have a signed contract. However, you would have to sue to stop a sale to someone else.

1 Answer | Asked in Contracts and Antitrust for New York on
Q: Can LinkedIn restrict access to my own account? Connections to other users and all the data on the page?
Tim Akpinar
Tim Akpinar answered on May 15, 2021

No one here is likely to know the answer to that, based on the facts at hand. It could depend on the terms of service or any other user agreements. Good luck

Tim Akpinar

1 Answer | Asked in Contracts for New York on
Q: Does withdrawal of an affirmation “unbind” my attorney of his promise to waive fees ?

As stated in my attorneys email, “i will ask the court to release me as your attorney and waive 100% of my bill. it is in your best interest to find another attorney” 

I found an attorney. Now he is holding my file ransom saying: 

“ My research this weekend shows that my... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

I think the first email controls, as you relied on it in getting another attorney. Holding a file for fees is called a charging lien. There are rules governing this.

2 Answers | Asked in Contracts, Business Law, Constitutional Law and Government Contracts for New York on
Q: DOES AN APPLICATION HAVE LEGAL STANDING IF THERE ARE HIDDEN OR NO TERMS AND AGREEMENTS?

IF AN APPLICATION ON ITS FACE DOES NOT PROVIDE TERMS AND AGREEMENTS FOR THE APPLICANT, CAN THE ISSUER OF THE APPLICATION IMPOSE ANY LEGAL SUITS REGARDING THE APPLICATION?

V. Jonas Urba
V. Jonas Urba answered on Apr 27, 2021

Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.

Job...
Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can I get back money for down payment on condo placed before the coronavirus?

I signed a contract to purchase a condo in 2019 (before the coronavirus) and put a 10% down payment for the condo. However, after the coronavirus hit, my business took a very hard hit, and I am unable to pay for the amount of the condo. When I had purchased it, the plan was to pay for the condo in... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2021

It depends upon the terms of your contract. However, you need to be a tough guy to make things harder for the seller so you can get some back.

2 Answers | Asked in Business Law and Contracts for New York on
Q: In New York State can two business enter a parking sharing agreement if one of the businesses owns the lot?

Let’s say Business A owns the lot and let’s customers use the lot between 9 am - 5 pm. Business B wants to use the lot between 5 pm and 10 pm for its customers. How could they go about striking an agreement to do this in NYC?

Tim Akpinar
Tim Akpinar answered on Apr 24, 2021

One option is to sit down with an attorney to discuss applicable issues - duration, terms of agreement, security measures, snow removal, insurance, maintenance, etc. Good luck

Tim Akpinar

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2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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2 Answers | Asked in Contracts for New York on
Q: I have contracts with (amateur) actors for several video shoots. All are scanned in PDF files.

In the PDF you see the signed contract and a copy of the passport of each actor. The originals are non-existing (paperless office). Would my PDF document/scan suffice in the court of law in the US should that be necessary one day?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2021

It could depend on the court system. There is no universal standard nationwide - there are different jurisdictions and different court systems, where different courts might have their own requirements. Digital files are commonly used in discovery exchanges, but it would probably be advisable to... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 25, 2021

Greetings:

The short answers are:

1. You can always terminate an attorney client relationship; at anytime;

2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.

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