New York Contracts Legal Questions

That depends on what you mean by "new owner."  If the "new owner" acquired the entity which owned the golf course, i.e. bought its stock, then that entity still exists, and must honor its contracts.  If the "new owner" merely bought the assets of the original entity, then it probably depends on whether, as part of the transaction, it also assumed the original owner's obligations under the membership agreements.  If it did not, then it probably isn't obligated (there are some exceptions, but too remote to go into here), but the original owner would remain obligated and may be liable for damages incurred due to any breach. ... Read More

I see nothing in what you've written which would provide a basis for getting off the loan, but you can sue your ex for some combination of the following relief:  to recover the car, to pay his share of the loan, and/or to pay you for the value of the use of the car (basically he has rented the car from you without paying for it).  The loan is an agreement with someone who loaned money, and who has done nothing wrong.  Your beef is with your ex, not the lender.... Read More

It is legal whether it is notarized or not.  Whether it is enforceable based on its terms in another question.  For example, an interest in property must be written.  But the mortgage company was not told that others would have an interest.  Thus, did your brother in law commit bank fraud doing the agreement?  These are issues.  The notary issue is not relevant.... Read More

These releases are fairly standard and likely solid, but use of your name is probably not convered.  This may be the technicality.  The image can be used but not the name.  Also, if you have the money, you can sue and the photographer may not want the hassle and will just stop using the pictures.... Read More

First of all, the statement that your wife will be entitled to half your assets if you divorce is an overgeneralization.  It depends on a lot of factors. A properly executed postnuptial agreement which is entered into between fully informed parties without duress will protect you from the outcome you fear, assuming that your wife will agree to it.... Read More

A contracting party cannot unilaterally change a contract.  The statute of limitations for breach of contract in NY is 6 years from the breach.  Thus, if the photographer refuses to perform his/her obligations under the contract unless you pay additional fees not called for by the contract, you would have six years to sue him/her for that breach.  That being said, there are arguments to be made on the photographer's side as well.  For example, where a contract does not state a time period within which it must be performed, the Court will infer a reasonable time.  If the photographer can show that the reason for the delay was your failure to finalize a design within a reasonable time, and that his/her costs rose in the meantime, you could be responsible for those extra costs.... Read More

There were various ways you could better have protected yourself in the contract with the third party, for example providing that any sale of assets outside the normal course of business would be considered a breach of the contract and entitle you to an enjoin the sale, or granting you a security interest in the assets of the third party.  If, however, you already have a contract, the third party has no obligation to change the contract to restrict its rights to sell its assets.  Nor, as a general rule, is the purchaser of assets of any entity (assuming that the third party is an entity), as opposed to a purchaser of the entity itself (by buying the stock, for example) responsible for the seller's obligations.... Read More

It is possible legally, but practically why would the lender agree to have one  party liable to pay it back, when it already has two parties available to pay it back?  The two co-signers can reach such an agreement amongst themselves, but that would not be binding on the lender in any way.  In other words, John can co-sign Jane's car loan and the two of them can agree that Jane will be the responsible for paying it, not John.  But if Jane defaults, that agreement is not binding on the lender, who will sue both of them.  If John is forced to pay, he can sue Jane for it, but if Jane doesn't have the money to pay him back, he will be stuck.... Read More

You didn't make the second payment, therefore you owe the other party one payment.  It is theoretically possible that you could perjure yourself and claim that the payment had been made, and that because of the mistake in stamping the contract "paid" your lie will be believed.  However, I wouldn't recommend you take that chance.... Read More

You don't have a right to "back out" of the contract.  With some types of contracts, a consumer has a short period of time to "back out", but, even assuming this contract qualifies, I believe the period has run out.  You can have a court rescind the contract if you were fraudulently induced to enter it, but it is not enough that you feel you were misled.  You would have to show that the other party made a false representation of fact, upon which you reasonably relied in that you wouldn't have entered into the contract absent the misrepresentation.  IF you have a written contract, you will most likely (some exceptions but too many variables to discuss here) not be able to introduce evidence of any oral representation made by the other side which contradicts the writing. ... Read More

No.  Affidavits of service have nothing to do with the validity of the document which was served, They merely attest to the fact that the document was served when service is necessary.  For example, a Court order may be perfectly valid, but you can't hold someone in contempt for violating it unless you can demonstrate that they had notice of it, i.e. were served with a copy.... Read More

It's not so much a matter of whether it's legal as whether anyone you hope to do business with will accept it.  Generally a contract with a minor is voidable at the minor's option, meaning that, if the contract turns out to be a bad deal for you, you can back out of it, but if the reverse was true, the other party is still stuck.  Obviously, anyone  you do business with will want you to be bound to the contract as they are, and therefore likely will only contract with an adult.... Read More

Unfortunately, you need to file a motion to amend the claim for the reasons stated.  You can make the motion returnable either before the scheduled court date, or you can make it returnable on the next scheduled court date, but keep in mind that if you make the motion returnable on the next return date to court, the defendant will be entitled to an adjournment to file opposition papers to your motion.... Read More

It's not that simple.  First, although you've written nothing about it above, I assume that there turned out to be some defect in the truck that would normally allow the buyer to rescind the sale.  I also assume that you are not in the business of selling trucks, and the UCC implied warranties therefore don't apply to this sale. Writing "as is" would be excellent evidence that the agreement was for an "as is" sale, but the deal could still have been "as is" even though you didn't write it on the bill of sale, if, in fact, that's what you agreed to (such an agreement could possibly be implied from the circumstances of the sale if this issue was never mentioned.)  The problems are that (a) if the bill of sale contains all the terms of a normal contract, it could be deemed a fully integrated written agreement and you would not be able to testify to any oral terms that contradict the writing (based on the little you've written, this issue could be decided either way); and (b) the buyer may claim that it was not an "as is" sale, and from what you've written, it is his word against yours. ... Read More