New York Contracts Questions & Answers

Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.

Good luck.

Q: Does a solider in the army in afaganatain have to pay money to get out of his contract

1 Answer | Asked in Contracts for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
There are very few ways to receive an early discharge from military service, and payment is not one of them. If the soldier is up for retirement, then what's the problem? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in...

Q: I'm looking for a business law lawyer who understands US & China law.

3 Answers | Asked in Contracts and Business Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service

3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Answered on Jan 8, 2019
Barry Eran Janay's answer
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.

Q: I would like to break out of my college housing contract because of the horrible 2nd hand marijuana smoke. Is this poss?

1 Answer | Asked in Contracts for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
Filing a grievance may be necessary if the administration refuses to cooperate with your request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

Q: If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for New York on
Answered on Dec 19, 2018
Jonathan David Warner's answer
No. If you do not have title to the property, you do not own the property.

Q: How to terminate a 3 yr music contract?

1 Answer | Asked in Contracts for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
It depends what the contract says, and what it is for.

Q: NYC sublessee leaving with 10 days notice (agreement states 30 days min.) wants his deposit back.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
You will be governed by the agreement that you signed.

Q: Can I claim liquidated damages when there isn't a liquidated damages clause ?

1 Answer | Asked in Contracts for New York on
Answered on Nov 23, 2018
Michael David Siegel's answer
No. It is definitional. Liquidated damages means a damages clause. You can claim damages, but not in an agreed amount.

Q: If my lease was signed unconscionably, do I have to pay accelerated rent if I leave early?

1 Answer | Asked in Contracts for New York on
Answered on Nov 19, 2018
Michael David Siegel's answer
From your post you have not established unconscionability. It is a defense. Your lease governs what you pay, but there is always room for negotiation.

Q: Can I sue someone for not paying me even if there was no written contract in place?

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Nov 6, 2018
Michael David Siegel's answer
You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you have any claim left. Your post in contrast substantiates a settlement of $600.

Q: What if the complaint is based upon a false statement of facts?

1 Answer | Asked in Contracts for New York on
Answered on Nov 3, 2018
Michael David Siegel's answer
It isn't. Just make a motion for summary judgment. You can ask for fees and costs, but do not count on it.

Q: If you win a Traverse Hearing against Midland Funding for no service and the default Judgment is Vacated in NYS

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Nov 1, 2018
Michael David Siegel's answer
No. The SOL bars another case at this late date. There is no tolling.

Q: We are a business and contracting out with another business out of state - would New York law apply?

1 Answer | Asked in Contracts for New York on
Answered on Oct 31, 2018
Michael David Siegel's answer
That should be a term in any contract -- the forum for disputes and the law to choose, which are different issues.

Q: Are they allowed to refuse the contract of unit 3 and can they excuse me from further units based on my statement?

1 Answer | Asked in Contracts for New York on
Answered on Oct 31, 2018
Michael David Siegel's answer
What you are entitled to depends on the contract. If three units were part of it, they likely owe you for that work.

Q: How do i file for domestic partnership when I am unable to fulfill the requirements without being domestic partners?

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Answered on Oct 9, 2018
Michael David Siegel's answer
Why can't you just live together for six months and then apply? You can live with someone without being a domestic partner.

Q: Acorns withdrew 1,000. Unauthorized.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on
Answered on Oct 5, 2018
Michael David Siegel's answer
I do not know what Acorns is. But you need to make a fraud complaint with the bank ASAP, and make a police report. You need to block this auto debit with the bank. Getting it back is problematic.

Q: The leasing office asks me to sign an agreement for not suing them.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
They do not have to let you out of your lease. If you want the deal sign the form.

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