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New York Contracts Questions & Answers
4 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Does my boyfriend have a claim to a house deeded to me?

I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More

Peter J. Weinman
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answered on Mar 23, 2023

I agree with attorney Nelson - absent a written agreement to the contrary, he has no rights or interest in the property if he is not on the deed. Based on what you've stated, his payment of $200 per month sounds like it would amount to less than rent would have been, so even if he were to sue... View More

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4 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Does my boyfriend have a claim to a house deeded to me?

I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 23, 2023

Dear Home Owner:

Based on your statement your ex has no legal claim to joint ownership of your house. New York State relies upon a recorded deed as evidence of an interest in the title to ownership of real property.

It is fortunate for you that the ex voluntarily moved out....
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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for New York on
Q: Mortgage - Acknowledgement of Contribution - is he fully responsible now?

A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).

In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... View More

Carl Nelson
Carl Nelson
answered on Mar 20, 2023

Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... View More

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3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

James L. Arrasmith
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answered on Mar 29, 2023

When you paid the "boardwalk artist" for your caricature, you purchased a physical copy of the artwork, but it does not necessarily mean that you own the copyright to the image. The copyright is owned by the artist, unless they transfer the rights to you in writing.

If you want to...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2023

Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.

You have no...
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2 Answers | Asked in Business Law and Contracts for New York on
Q: Is my service contract I entered into enforceable or is it null and void

Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.

David H. Relkin
David H. Relkin
answered on Mar 9, 2023

You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.

I don't have the benefit of your contract, but taking your language...
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2 Answers | Asked in Business Law and Contracts for New York on
Q: Is my service contract I entered into enforceable or is it null and void

Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 9, 2023

Greetings. It appears you would like to know if a contract between a NY company and an out of state company that is unregistered to do business in NY is enforceable. Generally speaking, a contract between two interstate parties is enforceable, notwithstanding registration. A state's... View More

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1 Answer | Asked in Contracts, Banking and Securities Law for New York on
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?

In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 6, 2023

Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due... View More

2 Answers | Asked in Business Law and Contracts for New York on
Q: Did a job with the client had a contract and a client tried to turn around and ask for some of their money back

Drew up a contract with a client supposed to do a move on a particular day. Was not able to finish the move on that day due to circumstances. Client stayed behind the following day till the client that they could leave tried to work out other arrangements of the client didn't have to stay... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 3, 2023

Greetings. It appears that you are experiencing a dispute over your contract. Where a party is to perform by a date certain, the failure to meet that deadline is not a material breach of the contract, as contract performance is measured by reasonable performance. However, if the date certain is... View More

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Did a job with the client had a contract and a client tried to turn around and ask for some of their money back

Drew up a contract with a client supposed to do a move on a particular day. Was not able to finish the move on that day due to circumstances. Client stayed behind the following day till the client that they could leave tried to work out other arrangements of the client didn't have to stay... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

In large part, the answer to your question depends on what the circumstances are that prevented your company from completing the move on the designated day.

Ordinarily, if a contractor promises to perform a service on a particular day and then fails to do so, the contractor is responsible...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 28, 2023

Dear Brooklyn Tenant

Hello. If your apartment is in a building with at least two more apartments, you must be very careful.

First, your lease may prohibit Airbnb. Most leases in NYC will not allow for use of the apartment for short-term rental. Most leases prohibit profiteering...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

Carl Nelson
Carl Nelson
answered on Feb 28, 2023

From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.

So first you would deduct all of the fees and costs...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

James L. Arrasmith
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answered on Mar 4, 2023

Determining how to split the profit from your Airbnb listing can be a complex issue that may depend on a number of factors, including the financial contributions of each party, the level of effort and involvement required, and any other agreements or arrangements you have in place.

Based on...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

Peter Klose
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answered on Feb 28, 2023

Your question raises some questions. Is your BF on the Lease? I am not sure how you obtained a Lease without a SSN, so I am not sure why that matters now. Also, does your landlord, municipality, and building permit short term rentals like AirBnB? Why is he entitled to any "profit."... View More

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1 Answer | Asked in Contracts and International Law for New York on
Q: I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen.

I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen. The US and EU sanctions don’t apply to me, to the client, or to these assets. Can US lawyers help me sell, transfer, or otherwise get them out?

Richard Sternberg
Richard Sternberg
answered on Feb 27, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... View More

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Amending mortgage loan terms from same lender who is a family member.

I have a mortgage loan from a family member effective Jan 2020. A mortgage deed was recorded (NY) and refers to the respective promissory note. The lender (family member) and I want to amend to adjust the interest rate and term - the interest rate will be adjusted as of Jan 2020. Does the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 13, 2023

Yes, a New York real estate attorney can prepare all the forms necessary to perfect and record the amended promissory note and mortgage. And it should be properly recorded, because New York is a “first to file” state when it comes to real property, so only properly recorded documents will put... View More

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If a consumer contract is signed by both parties but was not written to the letter of the law, is the contract valid?

My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... View More

1 Answer | Asked in Contracts for New York on
Q: When submitting a grievance or appeal electronically to an Insurer, when is receipt received? Please applicable law.

I submitted electronic appeals (Monday- Sunday) on my Insurers website a Public Site. I also submitted appeals by USPS Certified Mail.

a) Electronic Appeals: I received acknowledgment with a URL, date, and time stamp for the electronic submission. When would electronic receipt make sense?... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2023

When it comes to correspondence outside of formal pleadings (whose timetables are governed by the NY CPLR), the terms and conditions on these settings could sometimes be set the entities involved. One option to ask the insurer if they accept receipt (for which you already have digital... View More

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... View More

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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