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New York Contracts Questions & Answers
1 Answer | Asked in Contracts for New York on
Q: What is a counterclaim dismissal with prejudice from a plaintiff?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

A dismissal with prejudice means that the dismissed claim may not be brought/filed again.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Can I break a comm. office sublease in NYC if I discovered the Cert. of Occupancy is for storage only, not office use?

It’s a hosting agreement, avoids the word ‘lease’, so perhaps not technically a sublease.

I never took occupancy.

Landlord was ok with us delaying start date due to Covid19, but now wants to begin term.

In researching NYC phase 2 Covid19 reopening guidance, I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 2, 2020

It depends on the terms of your lease. If you took "as is" and there is no representation that it is for office use, you might have problems. If there is such a representation, you have a defense if the landlord comes after you for the money.

1 Answer | Asked in Contracts and Business Law for New York on
Q: In a limited partnership, can the only GP file a Cert. of Cancellation, without the signatures of the 2 remaining LP's.

This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.

Michael David Siegel
Michael David Siegel answered on Jun 25, 2020

It is governed by the partnership agreement. It depends also on the percentage of ownership of each.

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: how to get my deposit back when the contract expired?

This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).

Michael David Siegel
Michael David Siegel answered on Jun 22, 2020

First, the contract will have terms. Second, if you are in the right, you may have to sue.

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2 Answers | Asked in Contracts for New York on
Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Gary Lane
Gary Lane answered on Jun 20, 2020

Yes, they have breached the lease, allowing you to go elsewhere, assuming you have notified them in writing with proof of that. They sue for return of deposit if need to.

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2 Answers | Asked in Contracts for New York on
Q: I paid a company to fix my mower and two years later they still have it. Is there anyway to receive my money back?

I paid them in advance and at one point they thought they fixed it, upon my arrival I could not get it started. I just want my mower and my original money back

Sarah Elena Gold
Sarah Elena Gold answered on Jun 17, 2020

Depending on where the company is located in relationship to where you live, you may be able to bring a small claims action against the company, seeking the amount you prepaid as well as the mower. Any written documentation including claim check or price quote would be very important in proving... Read more »

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1 Answer | Asked in Contracts, Business Law and Insurance Defense for New York on
Q: I live in Suffolk county NY. I want to take a travel insurance company to small claims but theyre based in Missouri.

Where would i make the claim? The insurance was purchased online along with travel package through groupon

Sarah Elena Gold
Sarah Elena Gold answered on Jun 17, 2020

You won't be able to make the claim in small claims court in NY. The Defendant must reside, work or have a business address within the five western towns of Suffolk County. You'd have to bring the claim in county court, which will be considerably more expensive and may be cost... Read more »

1 Answer | Asked in Contracts for New York on
Q: default judgement granted by the judge after denying a cross motion to file a late answer. Do I need to show mitigation

This is a NYS Employment breach of contract for early termination. Other elements are fraud in the inducement, restrictive covenants and bonus.

The judges order: Plaintiffs motion for default judgement pursuant to CPLR 3215 is hereby granted in its entirety on liability. We have a July... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2020

You are correct. There is no discovery for an inquest.

1 Answer | Asked in Business Law and Contracts for New York on
Q: Can I withhold returning goods to a NY based company which owes independent contractor $ and expenses?

My contract calls for weekly compensation and commissions but they are ignoring my written requests for past due weekly compensation, expense reimbursements and commissions. I am in possession of their goods used as samples

Michael David Siegel
Michael David Siegel answered on Jun 8, 2020

Yes. It is called a setoff.

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

3 Answers | Asked in Contracts and Real Estate Law for New York on
Q: We are doing a private home sale in New York. Can we ask the buyer to provide mortgage down payment information?
Vincent Gallo
Vincent Gallo answered on May 30, 2020

Of course, you’re entitled to know if they can really afford to purchase your house.

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2 Answers | Asked in Contracts, Estate Planning and Probate for New York on
Q: How does an Anti-Lapse Statute in NY apply, if two named relatives listed passed away with no children or wife?

my great aunt left a will naming nieces and nephews.

only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.

the other... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 24, 2020

Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.

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3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

Tim Akpinar
Tim Akpinar answered on May 18, 2020

Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... Read more »

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2 Answers | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I sue an entertainment company for not giving me copies of my daughter baptism?

I have hired a company for photography and video to record my daughters baptism around June 2018. I paid half of there contract. Until they gave me everything I would pay full. It is 2 years and they dont answer my text, email, or phone calls. This is not fair because I do not have one single photo... Read more »

Michael David Siegel
Michael David Siegel answered on May 17, 2020

When the courts reopen you can sue. Likely a small claims type case.

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2 Answers | Asked in Contracts for New York on
Q: Is there a legal procedure to use when following up w/ clients that have ceased communications re: outstanding payment?

Client confirmed over email and text that payment would be triggered, and has ceased all communication after payment was not executed via wire and followed up on. Would like to discuss next steps and verbiage to use to stimulate cooperation while not damaging working relationship.

Tim Akpinar
Tim Akpinar answered on May 12, 2020

One approach could be to use a polite memo expressing concern over the cessation of communications, conveying your wishes to preserve your valued working relationship. If that does not result in resuming communications, you could arrange a consult with an attorney to review the matter in greater... Read more »

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2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I get a refund from wedding venue for cancelling due to covid19 in spite of force majeure clause?

I would like to cancel my October wedding in New York due to the covid19 pandemic. The contract for our wedding venue includes a force majeure clause mentioning acts of god and governmental actions that says their only obligation is to reschedule within six months of the scheduled date, no refunds.... Read more »

Tim Akpinar
Tim Akpinar answered on May 8, 2020

As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... Read more »

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1 Answer | Asked in Real Estate Law and Contracts for New York on
Q: I pay monthly rent in mobile home park but own my home. Lease says I am responsible for all damages if a tree falls.
George E. Patsis
George E. Patsis answered on May 4, 2020

It looks like part of your question is missing. Try re-posting.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: My orthodontist is closed for Corona. They are mailing their patients their invisalign trays and charging $75. Allowed?

My orthodontist located on the upper east side in Manhattan is closed due to corona. However, people who wear Invisalign (like me) need our next set of trays. The orthodontist said they will mail all patients their trays to their home, but they will charge everyone a universal fee of $75.00 because... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

You raise a valid point, but the office could argue they incur packaging, handling, and other costs as a result of the measures. Unlike standard fees for duplicating medical records, something like this might not be directly addressed by health laws. The recent crisis is creating new issues for... Read more »

1 Answer | Asked in Contracts for New York on
Q: What documents or reliable dictionaries cite elements of valid contracts in USA: offer&acceptance, legal object, etc?
Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

If you run some searches on the Internet involving "elements of a valid contract," and related terms like the ones you mention (offer, acceptance - you could add the term "consideration" to the terms you already mention), you should get fairly decent search results. If you want... Read more »

2 Answers | Asked in Contracts for New York on
Q: What are the elements of valid contracts in different States of USA and which documents say it?

Until 2016, in France, the elements of valid contracts are: consent, ability to contract; certain object, lawful cause. This question is to know which of these elements exist (or similar to French ones) in different American States and which elements are different.

Can you give, please,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2020

Are you aware that there are 50 separate states in America--and several other independent territories, protectorates and other legal entities?

This very broad open-ended question would require at least 40 or more hours of legal research--which at my current hourly rate for casual clients...
Read more »

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