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New York Contracts Questions & Answers
1 Answer | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I signed a non disparagement agreeement with a plastic surgeon. Can I write truthful reviews without giving my opinion?

To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: I am a service contractor in NYC and work with many real estate property management companies.

The property manager signed a 1-yr weekly service contract with my firm. I was just informed they wish to terminate the agreement immediately, which is 9 months short of the 1yr term. How can I hold them to this contract if they will not permit my staff from entering the building?

T. Augustus Claus
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answered on Jan 10, 2024

To enforce the service contract with the property management company in NYC, you should carefully review the terms and conditions outlined in the agreement. If the contract specifies a one-year term, the property manager may be obligated to fulfill the entire duration unless there are valid reasons... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Problematic business partner

Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?

Samuil Buschkin
Samuil Buschkin
answered on Jan 9, 2024

There are several issues that appear to be related to your question: (a) are the partners united or are their interests and positions in some way opposed to one another, (b) is it an LLP or an LLC ? Either way the Partnership Agreement or the Operating Agreement, respectively would need to be... View More

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1 Answer | Asked in Contracts and Tax Law for New York on
Q: What are my options in a situation where the church receives a SS-8 from IRS for Minister who receives 1099-NEC?

I am a bookkeeper for a religious organization in New York City and received a SS-8 from the IRS referring to a minister who I issued a 1099-NEC for the past two years for her regular professional services to the church. There are several other ministers who perform similar service who also receive... View More

James L. Arrasmith
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answered on Dec 25, 2023

Receiving a Form SS-8 from the IRS in this context indicates they are reviewing the classification of the minister as an independent contractor (reflected by the 1099-NEC) versus an employee. The IRS will determine whether the minister should be classified as an employee based on factors like the... View More

1 Answer | Asked in Contracts for New York on
Q: Am I in trouble after I agreed to sell my tablet to my friend but sold another friend?

I was talking about selling my old tablet for around $200 online, then my friend called me and he wanted to buy it at $150. I agreed and I told him to bring it the same day but on the way to his house, I run into my another friend and she offered me $200 to buy the tablet. so I sold it to her.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

It sounds like a breach of contract from a textbook standpoint because you had an offer and an acceptance initially, and then you had another offer and acceptance for the same item and sold it to someone else. Based on the cost of the tablet, you probably don't want to involve attorneys or... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

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

Carl Nelson
Carl Nelson
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

1 Answer | Asked in Contracts for New York on
Q: Can a gym membership hold you liable for a 2 month payment opt out in suffolk county ny?

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts and Business Law for New York on
Q: Hello, I have an Amazon store, I hired an automation company, they seem fraudulent and taking my cash

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts and Estate Planning for New York on
Q: Adding a promissory note to a small estate.

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts for New York on
Q: I was an insurance agent for ltpc in 2003 do I have any standing under Lion 2004 Receivables Tr. v. LTPC

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Estate Planning and Probate for New York on
Q: I am concerned that I am being charged twice for the same service by my Attorney.

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I was on maternity leave (ending May) and left my job in Aug. In October they said my maternity was overpaid/want refund

Nevermind will ask real lawyer

James L. Arrasmith
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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

4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

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

Steven Warren Smollens
Steven Warren Smollens
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

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4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

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

James L. Arrasmith
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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...
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4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

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

Carl Nelson
Carl Nelson
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

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2 Answers | Asked in Contracts for New York on
Q: hi, is there anyway I can help in a contract case online?
Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

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

Carl Nelson
Carl Nelson
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

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