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...Read more »
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.
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).
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 »
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 »
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
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 »
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 »
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.
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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