New York Breach Of Contract Legal Questions

There are various discovery mechanisms available to you.  For example, you can serve the plaintiff with interrogatories (written questions which plaintiff is required to answer under oath) but depending on what court you are in, these may be substantially limited.  You can serve a document request seeking production of relevant documents.  You can serve a demand for a bill of particulars (technically not discovery) providing more detail about the claim against you.  You can serve a notice of deposition where the plantiff would have to answer questions under oath.  You don't have to "file for discovery", but simply serve one or more of these discovery demands on the plaintiff.  It is only if there is some sort of dispute over discovery that the court would get involved.... Read More

You can sue for your interest.  However, you have to move quick. Your unrecorded agreement means he can sell and the buyer can take free of any title you have.  In connection with the suit, you need to file something called a Notice of Pendency to protect your interest.  I totally disagree with Nevias.  The written agreement is a writing that can give the interest.... Read More

Did you have insurance?  Usually the contractor gets paid by the insurance on completion, but you have not mentioned insurance.  The deal is governed by your contract.  Have you offered to post the money in escrow so the job can be finished?  This is not a case usually done on contingency.  The cause of action is commercial and the damages too low.... Read More

While you could sue here, it is better to sue in Florida.  Consider doing nothing.  If the home is worth less than the mortgage, let it go.  The verbal agreement is likely not enforceable, so the issue would be if your father is on title.  Consider a short sale if he is.  If not, lending his credit is not a great claim.... Read More

You can certainly file an action against the school for financial damages. In recent years alumni of schools that have lost their accreditation have filed lawsuits against those schools for return of tuition, and also lost future wages. While the outcome of those lawsuits is not yet clear, it is highly likely that a school would at least settle with you, unless the accreditation was lost due to financial mismanagement.  ... Read More

If the matrimonial decree provided for removal, you need to bring a motion in that case for enforcement.  It is not always the case that the mortgage and title are both changed.  Therefore, this might have been the deal, and your lawyer just did not explain it to you.  Start with your old lawyer.... Read More