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New York Contracts Questions & Answers
1 Answer | Asked in Contracts and Banking for New York on
Q: My friend's dad passed away and he had $25,000,000 worth in in shares that he left to his daughter but the shareholders

Won't release the money untill she pays 10,000 for holding fee how does she get around that because we can't come up with the release money

Michael David Siegel
Michael David Siegel answered on Sep 27, 2020

I do not know the details, but this seems like a scam.

1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... Read more »

1 Answer | Asked in Contracts for New York on
Q: Bought a trailer, paid 1000 towards 5000 downpayment. Issues occurred, seller relisted trailer. Did she break contract?
Tim Akpinar
Tim Akpinar answered on Sep 13, 2020

It's difficult to offer a simple "yes" or "no" answer your question based on these brief facts alone. If you consult with an attorney for a more meaningful evaluation, they are likely going to ask to see the contract, they are likely going to ask what exactly "the... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Do I have legal standing to sue my SUNY school if I contract coronavirus while working as an RA?

https://www.allotsego.com/suny-oneonta-ras-threaten-strike/

I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Q: Is there a law that protects the consumer from being forced into buying a warranty on a used car?

I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... Read more »

Gary Lane
Gary Lane answered on Sep 2, 2020

That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.

2 Answers | Asked in Contracts for New York on
Q: I recently quit my job after finding out what and how I was selling is illegal. At the beginning of the job I signed an

NDA, . After quitting she said I breached the contract and she might pursue legal options. Can she do that if her entire basis of the business is not legal?

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

For the filing fee, anyone can sue anyone. Thus, she can pursue anything. Your question is can she win. The answer to that, based on your post, would appear to be no.

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1 Answer | Asked in Business Law, Contracts and Employment Law for New York on
Q: My company paid me advances using PPP money and now are clawing it back. is this legal?

I work in solar sales, paid commission. Normally I get 25% when job is started and 75% of my pay when it is installed (typically 2-3 months later but covid made that 4-6 months). My company took the PPP money and paid all the salespeople on all their jobs the full amount with those funds. However,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2020

Not only is it "right" and "legal" it is required by the CARES Act that your employer used to get the PPP money in the first place.

Without spending forever educating you on the CARES Act and explaining how the Payroll Protection Program works all I will tell you is...
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1 Answer | Asked in Contracts for New York on
Q: I took pictures with a modeling agency. I paid them $800.00. Covid happened. I sent them emails 4 times now.
Michael David Siegel
Michael David Siegel answered on Aug 11, 2020

You can sue in small claims court. If you think it was a total scam, report it to the consumer fraud dept. of the attorney general.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: Hi! I am writing this email to request your advice on terminating an off-campus housing lease in Ithaca. NY.

Hi! I'm an international student at Cornell University. My roommate and I currently live in an off-campus apartment in Ithaca. Due to the virus situation, we decided to move to Long Island and study online next semester. However, before the pandemic, we renewed and extended our lease to next... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 10, 2020

The lease will govern your rights. However, as a suit for damages would not be enforceable internationally as a practical matter, there is nothing the landlord can really do. Just do not pay.

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2 Answers | Asked in Contracts for New York on
Q: Can a seller back out of a deal a day before closing? Because they are upset with the buyer?

We are set to close in a days time and seller got upset with us today and says she is killing the deal and not selling to us. Can she do this ?

Michael David Siegel
Michael David Siegel answered on Aug 6, 2020

No. But to fight this you are going to have to sue.

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3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
Read more »

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1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Contracts for New York on
Q: if a campground contract for a seasonal site has been modified due to covid19 does this make the original contract void?

We are Canadians. A contract was signed in October of 2019 with a payment of 1/4 of the site rental for the 2020 season. Covid 19 and borders closing forced us to put our trailer to sleep and pay half the site rental, an amendment make to our contract. In the meantime we have sold the trailer.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

One would need to review the contract and its modifications to offer meaningful input. As a general premise of U.S. contract law, a contract cannot be modified unilaterally - both sides generally need to agree to a modification of a contract. As for the trailer, unfortunately, owning or not owning... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: I have a question regarding Bronx residents rights. My father passed in Oct. When him and I signed the lease 5 yearsago

Management knew that I wont be on the lease but id be living there as I went with him to sign the lease. I've done some research on squatters rights but iam unsure if it pertains to me. I'd like to stay with the apartment but would like to advise management. This building is not Section 8... Read more »

Elaine Shay
Elaine Shay answered on Jul 11, 2020

If the building is subject to Rent Stabilization or other rent regulation, you may be entitled to succession rights provided you lived with your farther for the required time before he passed. Even if that isn’t the case, many landlords would be happy to keep on a good tenant

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2 Answers | Asked in Contracts for New York on
Q: Does a counterclaim dismissal with prejudice mean that the defendant is no longer on the case if the plaintiff files it?
Tim Akpinar
Tim Akpinar answered on Jul 9, 2020

When a claim is dismissed with prejudice, that generally means the claim cannot be brought again. Your description mentions a counterclaim. You could consider consulting with an attorney who handles contract litigation to review the impact of the dismissal on the case. Good luck

Tim Akpinar

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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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