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New York Contracts Questions & Answers
3 Answers | Asked in Contracts and Estate Planning for New York on
Q: My mother transferred the deed to her home to me Sister found out Mother now saying I verbally promised to share it

Mother now suing me for return of the home Breach of contract.

Opinion? Mother said this agreement was made in front of her lawyer

Lawyer who handled deed transfer saying no promise to share home was made

Michael David Siegel
Michael David Siegel answered on Feb 14, 2020

You need to defend the case, but if the facts are as you say, you should win.

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: My fiance and I recently split up when we were together I purchased and paid for a mobile home for us her name

Is on the title due to park regulations. She wants me to buy her out for 2000( roughly half purchase price). She did not put money into it or towards it. She is trying to tell me she will force me to sell the mobile home if I don't pay her 2000. I am the primary on the title and still live in the... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 13, 2020

Greetings. New York's heart balm act (Section 80-b of NY's Civil Rights Law) allows individuals to sue for return of property given to a fiance in contemplation of marriage. Common examples include return of an engagement ring, a house, a car, a fur coat, etc. The court will direct the fiance to... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I've broken up with my live in partner and have signed a contract to purchase a boat ( loan in my name) .

He wants to pay me monthly for the loan on the boat as well as some credit card debt that I have on my card that's his.

Should I get this in writing, or is it too late. The boat has not been delivered yet and we are still on speaking terms.

Not sure if we will get back together and... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

Definitely get it in writing. And if you cannot get out of this boat deal make sure you are on title. Otherwise you will have a debt and no boat.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: What rights do I have as a buyer? The seller has been dragging his feet on closing. It’s been 4 months since we signed.

We signed contracts for a home in the middle of September (tentative closing date was October 15th). Had our mortgage commitment by mid October. As we’re waiting on a closing date, seller notifies us that their underground tank has a leak, town is involved, and they’re correcting the issue. We... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 14, 2020

I disagree with your lawyer. Time of the essence letter is required as a predicate to anything else. Then, you can bring a specific performance action and charge them with the fees.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to the... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.

Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the... Read more »

1 Answer | Asked in Contracts for New York on
Q: Hi. Case number 1:19-cv-01471 Mallenkrock ard llc v verma cms. Do you think a decision will be rendered soon.

Judge Thomas Hogan said a decision would be made August 2019

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Dec 16, 2019

Greetings. You are asking for information on what appears to be a federal case (DC Circuit?). The public has access to the docket for federal courts. Feel free to routinely search the docket to see if a decision has been rendered. As for when a judge has to issue a decision, there is no... Read more »

1 Answer | Asked in Contracts for New York on
Q: I need to certify a copy of a document can this be done by a lawyer? If so can it be any lawyer?
Michael David Siegel
Michael David Siegel answered on Nov 27, 2019

It depends on who is asking, what the document is, and what it is being certified for.

1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »

2 Answers | Asked in Contracts and Estate Planning for New York on
Q: When somebody dies unexpectedly and they have two powers of attorney are they responsible for disbursement of money

And a New York State is it true that somebody that has a felony cannot be the Executor of his estate

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 20, 2019

A Power of Attorney is not effective once the person dies. If there was a Will, once the Surrogate's court determines it is valid, Letters Testamentary will be issued to the Executor/Executrix. If there was no Will, Letters of Administration will be issued to the Administrator/Administratrix.... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: Dissolving church that owes mortgage. Are we still liable if holder calls mortgage and sells for more than is owed?

Church is incorporated and registered as religious corporation.yes, we are looking to dissolve and realize this requires court proceedings. The membership is next to nothing. Pastors health is seriously diminishing. The mortgage is paid monthly and is being held by the original owner of the... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 20, 2019

This is actually a little more complex than you make it. Is church a registered religious corporation? Are you looking to dissolve the corporation? It may require a court proceeding.

1 Answer | Asked in Banking, Contracts and Family Law for New York on
Q: My neighbor who has no family passed away and my family wants to claim the body. Is there any way to Access her money?

The money would be used to pay for her funeral and what not

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Not immediately for this. You can get it back later.

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

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1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if "you" are indeed... Read more »

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

2 Answers | Asked in Contracts, Estate Planning and Entertainment / Sports for New York on
Q: How would you know if there's a will left and not just thrown away?
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 25, 2019

If you believe there was a Will you would check where the decedent kept important papers, get in touch with their attorney or check with the local Surrogate’s Court to see if it was filed. If there is a safe deposit box many times people make the mistake of putting their Will there.... Read more »

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1 Answer | Asked in Contracts and Business Law for New York on
Q: We require to write on an envelope tender:“tender no... st’” and we wrote street instead

Can our proposal disqualified because of it?

It should have written:st’

And we wrote street.

I’m scared I will be fired because of it

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Sep 9, 2019

Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you... Read more »

1 Answer | Asked in Contracts for New York on
Q: If a realtor agrees to lower the commission percentage does she need to create a new Listing Agreement?

Current agreement at 5% but has agreed to go to 4% but says that she cannot change the listing contract that her firm does amendment forms instead. Am I bonded to the original contract if I sign an amendment form?

Current agreement does not seem right. She has 5% listed as the Broker Fee... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 31, 2019

An amendment seems right. You are changing one term, not re-listing the property.

1 Answer | Asked in Contracts for New York on
Q: If the attorney approval period expires without either attorney voiding the contract (or approving it) do we still have?
Michael David Siegel
Michael David Siegel answered on Aug 13, 2019

New York law has no attorney review period. That is a New Jersey concept. If you have a special contract with an attorney review, it is not the usual form.

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