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New York Contracts Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »

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2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Buying a new car at MSRP, - the dealer tells me there is also a mandatory non-negotiable $2000 extended warranty.

I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »

Gary Lane
Gary Lane answered on Jan 18, 2022

I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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1 Answer | Asked in Contracts for New York on
Q: I believe that my current firm is in breach of contract. And that I may even have a case for a hostile work environment.

I was placed on a job in NYC. The firm that pays my expenses has been weeks behind. And I also learned they don’t reconcile. In addition, when I gave my notice. They told me I had to move to remote. With only a few days warning. I came down with Covid. And they are not paying my expenses. Even... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2022

I'm sorry your question remains open for three weeks. You could try reposting and adding Employment Law as a category. There's no guarantee all posts ultimately receive an answer, but the additional category could improve chances for response. If still no response, you could reach out to... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

2 Answers | Asked in Consumer Law, Contracts and Business Law for New York on
Q: I received a civil court summons from company's lawyer, can I offer to pay full amount w/o filing an answer in court?

The amount that is owed originated from a service that the company performed at my home.

Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?

Location: Nassau County, NY


Michael David Siegel
Michael David Siegel answered on Dec 10, 2021

Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.

The service... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 9, 2021

A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: What can be done if a company ignores the terms and conditions of a service contract?

I am disputing a bill for the installation of a new water heater in our home.

We had a service agreement with the oil delivery company and I believe that the service agreement covered the cost of the installation.

There is a section in the "General Terms and Conditions" of... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 1, 2021

Regardless of the arbitration clause or your opinion, you will need to "answer" the summons to avoid default judgement. You can bring up the contractual dispute clause in the answer (and later in the proceeding), but you need to respond first. If you are going to defend yourself as a pro... Read more »

1 Answer | Asked in Contracts and Employment Law for New York on
Q: My employer gave us a project that superseded our job description & paygrade, but won't pay us more. Is this bad faith?

My company promotes itself widely and publicly as "living its values," which include accountability, respect and trust and of course DEI. After not getting a bonus, I sought equal pay for the work -- touting those values. I was rebuffed and told it was "skill-building." When I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Nov 9, 2021

Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... Read more »

1 Answer | Asked in Contracts for New York on
Q: I sold my home with a post occupancy of an additional few days to move out. Money was held, with the agreement to be

returned when I moved out...The buyers are claiming that I trashed the house. (not true) and will not authorized the attorney to release the money...what now?

Michael David Siegel
Michael David Siegel answered on Nov 4, 2021

You are going to have to sue them. Hopefully you have pictures to show.

1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: how do I find complaints online

I need to find a complaint for a law class

Tim Akpinar
Tim Akpinar answered on Nov 2, 2021

If you search for summons and complaint, you should be able to see a number of standard formats used. You could also check unified court system records or other legal data bases for actual pleadings from cases. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Contracts and Business Law for New York on
Q: My contractor for remodeling my home never give us a CO can we file a report it been 8 years.

My parents brought a house and got a contractor to remodel it from a single-faimly home to a multi-faimly. They got the remodeling done but never give us a CO certificate we been trying in touch for about 9 years and he been avoiding the situation and never really explaining what is going on. What... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 24, 2021

You need to have an architect file for this change. A contractor cannot do it. In fact, doing this work without the proper filings may mean that there are open violations and permits that are bigger issues.

2 Answers | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

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