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New York Contracts Questions & Answers
1 Answer | Asked in Contracts and Family Law for New York on
Q: What must be proven to successfully sue a parenting coordinator who is "immune from suit".

The person in question intentionally broke their contract, admitted to breaking HIPAA laws in writing, and refuses to refund a retainer, despite admitting that I am due a reimbursement.

Can this be handled in small claims court?

I am also intending to file a complaint against... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

With all the wars going on around the world, our government has circled its wagons against all enemies foreign and domestic. We are its domestic enemies.

The government's staffers both employed and assigned are inside the circled wagons. Each can do whatever he wants and say what he is...
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1 Answer | Asked in Consumer Law, Contracts and Estate Planning for New York on
Q: I have my trust drafted. What are the next steps? Record it at the court house? What does the bank need for and account?

What notice if any should be given

Inna Fershteyn
Inna Fershteyn
answered on May 1, 2024

Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More

1 Answer | Asked in Car Accidents and Contracts for New York on
Q: My bf is pretty much going through the same thing only the person who has the car had a hit and run at the casino

He found out he was the primary leaser when the cops came to the house and handed him a hand full of tickets when he went to file his taxes thay had put he made 68,000.00 a year so that put him on a different tax bracket now he owes 4,000 to federal and almost 4,000.00 in ticket

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

It isn't fully clear what is taking place here, but if your boyfriend received citations or charges involving a hit and run with a vehicle operated by someone else, he should consider consulting with an attorney on the tickets you mention, noting the due dates for answers/appearances outlined... View More

1 Answer | Asked in Contracts, Personal Injury and Products Liability for New York on
Q: Peace and Blessings! I'm owed $87 million regarding an AFFIDAVIT OF HAZARDOUS NEGLIGENCE which I need filed.

Who has the experience and results concerning such matters?

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

It could be difficult for attorneys here to respond with an outline of their experience. There's no solicitation here - the format is limited to general legal responses from us. If you're looking to consult with an attorney or hire an attorney for a given matter, one option is to reach... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Can a service contractor in NY add a surcharge to credit card payments if it is noted in the contract?

I do work for businesses as well as individuals, and am wondering if I can pass along credit card fees to customers who want to pay with a credit card.

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

This is so common that even the Courts now charge credit card fees when filing complaints or making motions. The tide has shifted.

2 Answers | Asked in Contracts, Business Formation and Business Law for New York on
Q: Can I partially own one LLC(A), as another LLC(B)? The other % of ownership of LLC (A) would be to an individual not LLC

Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)

Gary Lane
Gary Lane
answered on Apr 1, 2024

Yes. Done frequently. Should have no issues.

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

1 Answer | Asked in Contracts for New York on
Q: I wondering in my electric company did deceptive practices?

2x I have sent in paperwork to do a payment plan but had to include a check for downpayment, each time they said sorry paperwork was late (i sent out on time) and denied payment plan yet they cashed the check(s). I live in NYS.

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

It's difficult to say, based on the limited details. One option is to use certified mail in the next re-enrollment opportunity. You could also look into the resources of the New York State Public Service Commission. They oversee the operation of utilities in the state. Good luck

1 Answer | Asked in Business Law and Contracts for New York on
Q: End user license agreement for Vipre lifetime licenses isn't specified in some parts.

At this point I've been referred to New York business law people for my inquiry. According to the Vipre company (computer security software) it was against their policy for me to buy a lifetime license from the original owners. I've looked at the EULA and it says that a license is only... View More

Jack Mevorach
Jack Mevorach
answered on Mar 5, 2024

I don't understand how a successor in interest (usually a purchaser) can go back in time and state that a lifetime license purchased from the original owner is invalid. I would start with that.

Jack

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

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1 Answer | Asked in Contracts for New York on
Q: What I need to know using partner’s lawyer and loan officer?

Thinking buy a multi family with my partner using fha loan. Hopefully both person in loan. What should I write on the ride to protect myself in case separate ? What I should not to sign for loan and contract? Thank you.

Jack Mevorach
Jack Mevorach
answered on Feb 29, 2024

You and your partner should NOT have the same attorney and the attorney should know this is prohibited. There is an inherent conflict of interest.

Jack

1 Answer | Asked in Contracts for New York on
Q: What should I do if I am working a higher position than what I am being paid for and was not hired for?
Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

This is something that an employment law attorney would have the most insight into, but your question remains open for a week. It was probably unnoticed under the "Contracts" heading. Some questions here go unanswered, but you could try reposting under "Employment Law" for... View More

2 Answers | Asked in Libel & Slander, Personal Injury, Contracts and Admiralty / Maritime for New York on
Q: How much is the bond paper my birth certificate is printed on worth? Was born in 83

The CUSIF number related to my long form birth certificate. Wonder how much it is worth.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

This doesn't look like it involves an admiralty/maritime matter (one of the posted categories), but you're awaiting a response for two weeks. There is material written on this online, but much of it is from commercial sources. Until you're able to consult with an attorney who is... View More

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: We 2years back got new furnace and removed cental air. Couple months ago electriction found a 220 line live exposed.

Line was from central air that was removed.. Has since been capped.

Can action be taken against installer?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Request the repair cost from the original installer. If you never contacted him to fix it after discovery, that will be his first defense, but not necessarily successful. If he refuses, take him to small claims court. You will need the repairing electrician as a live witness.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: What is the easiest way to include Judiciary Law 487, if neglected to add to initial complaint.

Defendant was served May 2023. Defendant is in default. This is a lawsuit against an attorney for breach of contract due to no legal representation, lack of fiduciary duty and misconduct.

Jack Mevorach
Jack Mevorach
answered on Jan 10, 2024

Lawsuits against attorneys are usually for legal malpractice, even if the claim is breach of contract. Still, it would be very unusual for an attorney to default, if properly served.

Jack

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for New York on
Q: how do i legally get rid of my car payments?
Carl Nelson
Carl Nelson
answered on Dec 1, 2023

I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More

1 Answer | Asked in Contracts and Business Law for New York on
Q: Hello, I have an Amazon store, I hired an automation company, they seem fraudulent and taking my cash

The automation company made high claims to return profits to me by adding products to my store. They have only surmounted losses, big losses. They've also never given me a statement of earnings losses etc. this whole year when I asked. Everything this past year has been so blurred. Now... View More

James L. Arrasmith
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answered on Nov 13, 2023

Based on your description, it seems you may have grounds to dispute the actions of the automation company. If their services have resulted in significant losses and they have failed to provide detailed statements of account, this could potentially constitute a breach of contract or... View More

1 Answer | Asked in Contracts and Estate Planning for New York on
Q: Adding a promissory note to a small estate.

My husband, “T” of NY, lent his brother, “J” of MI, $45000 in ‘08. A 10 yr unsecured promissory note was drawn by the atty that settled their parents’ estate. The note was for T’s share. Only J signed. Per the note, J was to pay $2K in interest over 10 yrs plus $1500/yr. In 8/18 the... View More

James L. Arrasmith
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answered on Nov 12, 2023

Handling a promissory note in a small estate is indeed different from transferring a title for a vehicle. The note, especially with an outstanding balance, is considered an asset of the estate and should be included. Since your late husband was owed the balance at the time of his passing, this debt... View More

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More

1 Answer | Asked in Contracts for New York on
Q: I was an insurance agent for ltpc in 2003 do I have any standing under Lion 2004 Receivables Tr. v. LTPC

I hope you can help me. My name is xx and I was an agent for Long Term Preferred care based in Franklin TN from 1999 to 2003

I was licensed in NY state to sell a variety of long term care insurance products including the NY state partnership for care products. While I was under contract... View More

James L. Arrasmith
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answered on Nov 4, 2023

It's important to review the terms of the contract you signed with Long Term Preferred Care, as well as any relevant court decisions, to determine if you have a claim. The case of Lion 2004 Receivables Trust v. LTPC may have implications for former agents, particularly if it addressed the... View More

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