New York Contracts Questions & Answers

Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.

1 Answer | Asked in Contracts, Traffic Tickets and Civil Litigation for New York on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?

2 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Apr 10, 2019
Elaine Shay's answer
Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.

Q: an entered confession of judgment entered with incorrect amount, how can I modify or vacate it

2 Answers | Asked in Contracts for New York on
Answered on Apr 2, 2019
Michael David Siegel's answer
You need to make a motion in court. The cost and format depends on whether it is supreme or civil court.

Q: If a corporation, for 4 years is inactiveDon't pay his dues to DOS. Is he still Incorporated

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Mar 30, 2019
Michael David Siegel's answer
It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.

Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?

1 Answer | Asked in Contracts, Estate Planning and Elder Law for New York on
Answered on Mar 14, 2019
Michael David Siegel's answer
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.

Q: I filed a mechanics lien in ny state. The recipient refuses to sign for it. Is it still considered valid?

1 Answer | Asked in Contracts and Business Law for New York on
Answered on Mar 13, 2019
Michael David Siegel's answer
It must be served. I am not sure what "signed for it" means.

Q: A client signed my contract, gave me a check that bounced and I did some of the work, what are my rights?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Mar 12, 2019
Michael David Siegel's answer
Under the terms of the contract, assuming you have a right to payment, you can sue.

Q: I want to sue a NYS College. I dont know where to begin, can you help

1 Answer | Asked in Contracts and Education Law for New York on
Answered on Mar 7, 2019
Michael David Siegel's answer
To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.

Q: Hello We were planning to renovate the apartment in NYC my brother hired a designer who in turn brought in a contractor

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Mar 1, 2019
Michael David Siegel's answer
You can sue both, and see what settlement or judgment you can get.

Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?

3 Answers | Asked in Contracts and Entertainment / Sports for New York on
Answered on Feb 28, 2019
Michael David Siegel's answer
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.

Q: Does a health care proxy have any legal power after the death of the patient?

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New York on
Answered on Feb 19, 2019
Michael David Siegel's answer
The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.

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.

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