New York Breach Of Contract Legal Questions

A lis pendens (or notice of pendency as it is known in New York) is a lien which a litigant can place on real property when he asserts a claim which may affect title to that real property.  If the original buyer claims that he has a right to purchase the property pursuant to the original contract, he can file a notice of pendency, which will be removed if you can show that, because of the buyer's breach of contract or for other reasons, his claim is invalid.  This will probably take time, however, and you will only be able to recover for any damages the delay causes (i.e. if the second buyer walks away) if the original buyer's claim and filing of a notice of pendency is deemed to have been frivolous. ... Read More

It would depend on the circumstances.  For example were these two doctors both treating you?  At any rate, these days when you go to a doctor, he or she will have you sign a form giving him or her consent, in certain circumstances, to disclose information which would otherwise be protected.... Read More

Of course you can bring a lawsuit- the question remains as to everything else. This is a complex question that can not be answered within the confines of this limited forum. It is best that you consult with a local attorney who can address the related issues of the commercial lease and the contracts.  Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com  ... Read More

Most types of contracts do not have to be in writing, and the type you're describing sounds like one of them.  Thus, if you had a verbal agreement to be paid a sum of money for typing someone's Master's thesis, and they didn't pay you after you had performed the agreed services (typing), you would have a valid claim for breach of contract.  However, if you truly agreed to help someone cheat by writing their Master's thesis for them, it is likely that such an agreement would be deemed void for being against public policy.... Read More

There is a contract, the question is what are its terms.  You certainly do have a chance to get your money back, but it might come down to their word against yours.  Will they claim that they told you deposits are non-refundable?  Or that they told you they required a month's notice if you were pulling your child out of daycare?  It will be a big hassle, but you can sue them in small claims court.  Good luck.... Read More

In New York, proceedings to collect judgments are called supplementary proceedings.  There are supplementary proceedings available by which you can subpoena the judgment debtor to be deposed about his/her/its assets, or to answer written questions about them.  In fact, there are forms available (from Blumberg and other sources) with comprehensive lists of questions for the debtor to answer. Also, since your judgment is from the small claims court, I don't believe that it is automatically docketed in the County Clerk, as a Supreme Court judgment would be.  You should do that (the clerk will tell you how), and you may want to docket the judgment in several counties.  Your judgment will then show up as a public record which the debtor will be more motivated to clear up, and will also automatically become a lien against any real property which the debtor owns in any County where the judgment is docketed.... Read More

The emails are no guarantee that you will win, but they are helpful.  Even though they are not from him, they may constitute what are known as "adoptive admissions".  Sometimes when someone is accused of something which an innocent person would deny, and that person is silent, it can be considered as if the accused person had admitted what he was accused of (this is in civil cases, not in criminal matters where the accused has a constitutional right to remain silent).  For example, if, after an car accident, one driver accuses another of having run a red light, and the other does not deny it, that may be considered by a court to be an admission.  Of course, your ex may deny ever receiving the emails, or may claim that he did deny them, or that he paid you back after the emails were sent, or any number of things to try to demonstrate that these emails do not prove anything.  It may come down to a matter of who the judge believes.  It would be very helpful if you had some other evidence, such as a witness to one or more of the loans, or a canceled check showing the loan.... Read More

It is unfortunate that the hospital did not heed your wishes, but I'm not sure you have any recourse.  In almost all civil suits, you must show actual monetary damages in order to get relief.  How did the hospital's mistake damage you and/or your child?  Emotional distress or aggravation is not compensable in this situation.... Read More

The short answer to your question is yes, in most cases a claim can be asserted for breach of an oral agreement.  This situation is complicated by a number of factors, however. First, there are some contracts, including contracts for the purchase of real property (a condominium is real property) which are required to be in writing under New York law.  It is not clear, but the contract you allege may be one of these.  While there are sometimes grounds for circumventing the writing requirement, these are narrow exceptions and there is nothing in what you wrote to indicate that they apply. Second, I'm not sure that the oral agreement was breached.  You wrote that your sister promised to let your parents stay in her apartment, but you wrote nothing about any agreement that your sister needed your parents' permission to sell, or that she had agreed to repay them upon sale of the apartment. Nevertheless, your mother may still have a valid claim.  The close relationship between parent and child may make your sister a fiduciary of your parents, which would require her to treat them better than she would be required to treat an unrelated third party with whom she transacted.  If deemed a fiduciary, your sister might have to prove that her agreement with your parents was fair.  If not, your mother may be able to recover all or a part of the money your sister received for the apartment, or may have a claim to all or part of property which your sister purchased using the proceeds of the apartment, such as another condominium. The situation is complicated.  You should consult a lawyer in more depth than is possible in this forum. One last thing.  Your mother may feel that your sister has taken advantage of her, but she (and you) should think long and hard before suing your sister.  The damage this will cause to your sister's relationship with the two of you may be irreparable.  ... Read More

The problem will be that to force the 'product' may not lead to getting it. You should consult with qualified counsel, as you signed a contract and paid money, and the company is in breach of contract. Gerry Wendrovsky, Esq.- Upper West Side Contract Lawyerwww.upperwestsidelawyer.com    ... Read More