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New York Contracts Questions & Answers
2 Answers | Asked in Contracts for New York on
Q: I have contracts with (amateur) actors for several video shoots. All are scanned in PDF files.

In the PDF you see the signed contract and a copy of the passport of each actor. The originals are non-existing (paperless office). Would my PDF document/scan suffice in the court of law in the US should that be necessary one day?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2021

It could depend on the court system. There is no universal standard nationwide - there are different jurisdictions and different court systems, where different courts might have their own requirements. Digital files are commonly used in discovery exchanges, but it would probably be advisable to... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 25, 2021

Greetings:

The short answers are:

1. You can always terminate an attorney client relationship; at anytime;

2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.

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2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 15, 2021

The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the... Read more »

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1 Answer | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: What are the requirements for hiring a healthcare worker example “ecg technicians” for a Telehealth company?

Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?

V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2021

Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.

When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,...
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2 Answers | Asked in Contracts and Copyright for New York on
Q: I own a company in this same exact spelling and everything. Any advice ?

My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 7, 2021

Consult an attorney

Depending on the facts of your case, you may have some established rights.

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1 Answer | Asked in Contracts for New York on
Q: Can I get permission from Boppy to sell slipcover?

My Etsy shop was closed because of said infringement. I have been selling the items for 4 years with no issues. There are numerous other sellers selling the exact same items. Why am I being singled out?

Tim Akpinar
Tim Akpinar answered on Jan 30, 2021

You posted this under Contracts, which is technically correct. But since you mention infringement, you probably want the insight of an intellectual property attorney. There's no guarantee all posts are picked up, but you could try reposting and adding Trademark and Copyright to your categories... Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If an online homework service does not meet expectations, how long do I have to cancel?
Tim Akpinar
Tim Akpinar answered on Jan 22, 2021

It would depend on the agreement. Review the written agreement and look for terms that govern termination or cancellation. Good luck

Tim Akpinar

1 Answer | Asked in Animal / Dog Law and Contracts for New York on
Q: I signed a contract to sell a dog but now I feel the dogs aggressive.

Contract says I have to sell him “a dog” does it have to be that dog legally or is that vague enough I can loop hole out?

Tim Akpinar
Tim Akpinar answered on Jan 19, 2021

The terms of the contract would govern your transaction. If the contract identifies that dog and that is the dog the person bargained for, then that dog is the one the person is entitled to. If you and the other party agree to a different dog, the contract could be modified with the consent of both... Read more »

2 Answers | Asked in Contracts and Employment Law for New York on
Q: I signed a contract stating I must give my employer 90 day notice. What are the legal repercussions if I leave before?

My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... Read more »

Kevin Abessi
Kevin Abessi answered on Jan 12, 2021

This sounds like a “Garden Leave Provision.”

It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.

An attorney would probably need more...
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1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

1 Answer | Asked in Contracts and Business Formation for New York on
Q: Hi there, I would like to know if it's possible for a lawyer to take on my case. I am a TLC driver for Uber

And I haven't been able to work for 5 weeks now due to a criminal background check that is in a constant pending status. They say due the the scale back with the courts due to the pandemic. But I need answers as to when this will be resolved as it's my livelihood

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

Have you considered contacting the Legal Aide Office or New York City Bar Association Lawyer Referral Service Program? Those are two sources where you may be able to get in depth free legal consultation. The NYSBA may also be a useful resource.

This sounds like something our...
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3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck

Tim Akpinar

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1 Answer | Asked in Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

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

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

2 Answers | Asked in Business Law and Contracts for New York on
Q: Am I following US or local law if I am a subcontractor working in the US, but I host data in Euro-based data centers?

Hi, I am a consulting company with operations in the UK and NYC. When working with US-based clients, the data our US consultants generate, store, or receive from clients is hosted in Euro-based data centers. Given the above, am I following proper legal, regulatory (Federal, State, or Local... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

This is a complex area of the law and it isn't possible to provide a response with the limited information provided. You need to consult with a Privacy Professional or a Privacy Attorney that can review your process and provide you appropriate guidance depending on multiple factors. This would... Read more »

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3 Answers | Asked in Contracts for New York on
Q: In NYC, Signed agreement with a company without reading everything. Owner info they wrote is incorrect. Can we void?

I signed an agreement on behalf of my company, he put down my info as 100% ownership, my date of birth incorrect, my title as owner, which is all incorrect. I didn't look it over. They wrote in an early termination fee after I signed everything so it was not stated before I signed. We want to... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Were there witnesses other than "they" that the termination fee was included after you signed? If so then the potential for breach is increased as a factor allowing you to withdraw. The matters of dates, titles may be corrected as an administrative act.

It is presumed that a...
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1 Answer | Asked in Contracts for New York on
Q: Contractor breached contract, causing damages instead of doing the agreed-upon work. How can I get my house repaired?

Contractor took my money, blocked me in my house so that I could not see that they were ripping apart the WRONG part of my house. I escaped, told them to STOP ripping apart the WRONG part of my house, but they refused. They not only refused to to the work as described in the contract, they caused... Read more »

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

You cannot force these guys to do the work. You have to get the work done by someone else, and then sue the first guys for the damages as calculated by the next person. The issue is collecting a judgment. If the first company was a scam and the people are not real contractors, you might have... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: What constitutes legal cat ownership?

We are fostering a special needs cat from a veterinary clinic which was also my fiancé’s employer. The Foster agreement was meant to lead into an adoption. However due to circumstances that were unavoidable she resigned her position. Now there is conflict with clinic which might lead to them... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 15, 2020

Most fostering agreements do not contain provisions for ownership. Any legal rights that you may potentially have will be contained in the fostering agreement or through written or oral statements made by the employer.

2 Answers | Asked in Contracts for New York on
Q: Due to unforeseen circumstances with Covid we are unable to meet the minimum sales requirements of a business contract.

The contract has no force majeure section. Have we any recourse in this matter?

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 9, 2020

It is necessary to review the contract to provide an effective legal answer. However, no one is oblogato the impossible, if it is really impossible. Impossibility does not mean that it is more costly, it means that there is no way to achieve that purpose. Now, to interpret what Impossible means... Read more »

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2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... Read more »

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