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New York Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

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

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

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1 Answer | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?

If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Contracts for New York on
Q: what is required to prove in order to recover damages for breach of contract
Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 14, 2022

Greetings. It appears you may be asking two questions: (1) what is required to prove damages in a breach of contract action or (2) what is required to prove a breach of contract so that you may be awarded damages. This response attempts to answer the first question. For a plaintiff to prove... Read more »

1 Answer | Asked in Contracts and Business Law for New York on
Q: What's the law that include right-of-action related to corporate governance agreements?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Sep 4, 2022

In the State of New York business owners, shareholders, members LLC, may file lawsuits related to breach of contract controversies in state court. For purposes of these controversies the applicable law is the New York General Business Law as well as the specific rule applicable to fiduciaries... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for New York on
Q: I have a contract between me and a guy I had attempted to rent from stating he'll pay me back $900 by September first

The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... Read more »

Di Ma
Di Ma
answered on Sep 3, 2022

Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims... Read more »

1 Answer | Asked in Contracts and Entertainment / Sports for New York on
Q: Hi, I’m an actor in NYC who is represented by a talent manager, not an agency.

To my knowledge a talent manager is unable to procure work and negotiate contracts in NY State. I recently made the decision to part ways with my manager but am currently working on a job that they negotiated. I was told that even with our contract ending they are still entitled to the commission... Read more »

Di Ma
Di Ma
answered on Sep 3, 2022

Hi. Do you have a written agreement with your former talent manager that dictates the terms of the representation? If so, it may have language in there that addresses a breakup. Best of luck.

2 Answers | Asked in Contracts for New York on
Q: If a contract of sale is executed in 6/18 and there has been no closing to date. can that contract still be enforced
Di Ma
Di Ma
answered on Sep 3, 2022

Generally, the transfer or closing date in the real estate contract is an “on or about” target date. Are there legitimate reasons for the delay in closing? You can send a “time of the essence” letter to the opposing party. If the conditions set forth in your letter are reasonable, then the... Read more »

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2 Answers | Asked in Contracts for New York on
Q: If a contract of sale is executed in 6/18 and there has been no closing to date. can that contract still be enforced
Michael David Siegel
Michael David Siegel
answered on Sep 2, 2022

Depends on the terms of the contract. The contract will say.

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1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

1 Answer | Asked in Criminal Law and Contracts for New York on
Q: Is small claims court worth it and can i press charges for fraud?

I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »

Gary Lane
Gary Lane
answered on Jul 13, 2022

How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Landlord says I'm not allowed on roof of apartment advertised as having "private roof deck"

I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.

The roof has only one entrance through a door inside the apartment.

The... Read more »

Gary Lane
Gary Lane
answered on May 23, 2022

Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Contracts for New York on
Q: Signing as poa without adding "as poa for John Doe", is that valid?
Tim Akpinar
Tim Akpinar
answered on May 7, 2022

It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

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