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New York Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If a consumer contract is signed by both parties but was not written to the letter of the law, is the contract valid?

My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... Read more »

1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

1 Answer | Asked in Contracts for New York on
Q: When submitting a grievance or appeal electronically to an Insurer, when is receipt received? Please applicable law.

I submitted electronic appeals (Monday- Sunday) on my Insurers website a Public Site. I also submitted appeals by USPS Certified Mail.

a) Electronic Appeals: I received acknowledgment with a URL, date, and time stamp for the electronic submission. When would electronic receipt make sense?... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2023

When it comes to correspondence outside of formal pleadings (whose timetables are governed by the NY CPLR), the terms and conditions on these settings could sometimes be set the entities involved. One option to ask the insurer if they accept receipt (for which you already have digital... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... Read more »

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

Is the agreement in writing?

Jack

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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4 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... Read more »

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1 Answer | Asked in Contracts for New York on
Q: Is contract void if money were sent late to avoid litigation? Can litigation be persued?

Contractor sending my money back. I agreed to not sue, if I get back by a date. They are late paying. Can I forward litigating, even after settlement dollars sent late?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 18, 2023

That depends on the provisions of your contract covering waivers of defaults, if any. If you are paid in full under the terms of the stip, even if late, there would be nothing to sue for unless there are some additional penalties outstanding. An attorney would have to review the terms of your... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: What should I do if my business partner is running a ponzi scheme and owes money on a credit card that is under my name?

I tried reach out but he does not pick up my calls. He has scammed other people including my brother which he still owes money to as well.

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

A ponzi scheme is a crime. You must make a complaint to the DA.

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can

I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can the landlord come at me about it? My ex is making a big deal about saying she would let them come after me I can't see them doing that if the security deposit covers and... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 31, 2022

Dear Amsterdam Tenant

Most forms of New York State residential leases provide that upon moving out any left behind personal property of the Tenant is abandoned and the Landlord is able to dispose without incurred any liability.

Of course, you did not mention that you had a lease...
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2 Answers | Asked in Contracts and Business Law for New York on
Q: What contract would protect me from being sued if an employee is unintentionally hired but works for the people I serve

I was recently sued for soliciting employees, which was incorrect, but regardless. I am a staffing agency that assists surrounding facilities with staff. Their staff came to me and were dishonest about working for them, so I hired them but was later sued for soliciting their employees. How can I... Read more »

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Dec 28, 2022

Greetings. It appears you want to protect your business from allegations of poaching. To avoid such disputes, businesses institute employment verification protocols. These range from the simple (calling all prior employers on a resume or employment application) to the complex (hiring an outside... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the...
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1 Answer | Asked in Business Law, Contracts and Employment Law for New York on
Q: Are client lists still trade secrets if there is no written employment agreement that says so? Can you use the list?

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Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... Read more »

2 Answers | Asked in Contracts and Copyright for New York on
Q: How can I prove my ownership of a story when I do not have documented legal proof but I have other evidence to Prove it

I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 12, 2022

If you have drafts of the story which precede the drafts in the possession of whoever you are alleging claimed authorship. And you can lay a foundation for the authenticity of this evidence regarding the date it was created, then yes, possibly. Copyright in a work vests from the moment the work was... Read more »

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1 Answer | Asked in Consumer Law, Construction Law and Contracts for New York on
Q: I signed a contract and paid a deposit with a contractor to replace the deck on my house.

The contractor did not perform any work and the completion date has since passed. The contractor is not returning my calls, text messages or email. It appears I have been scammed, how can I get my deposit back?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

You need counsel to investigate the contractor, to determine if he has any assets and where he keeps them, whether he is properly licensed, insured and bonded, etc. After investigation of his profile your attorney will develop and execute a collection strategy to recover your funds, if that seems... Read more »

3 Answers | Asked in Civil Litigation, Contracts and Small Claims for New York on
Q: If you have gotten a judgement in small claims court and the contractor refuses to pay, do u have options
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 9, 2022

Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.

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1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: Can I be sued in NYS for a breach of contract(Lease) that occurred in 2011? Well past the Statue of Limitations.

Left an apartment complex in 2011. I believed owners wrote off the debt as a loss. Started to receiving info from a debt collector (Lawyer) in 2013. Asked them to provided all information about ownership of debt. They could not. Went back and forth for awhile and finally presented a Cease and... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 28, 2022

I believe that this is a duplicate question. In general, the recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... Read more »

David H. Relkin
David H. Relkin
answered on Nov 28, 2022

Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How to review a NJ property contract?

Hi--

My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 22, 2022

This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by... Read more »

3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I want to cancel a lease on an apartment I havent moved into yet, they are saying have to pay 2 months rent?

I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

Legally, I think what they are doing is very questionable. Real Property Law section 227-e requires you landlord to mitigate damages once he is properly notified that you intend to break the lease. Meaning after being properly notified by you, he can’t simply sit back and let the arrears pile up... Read more »

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