New York Contracts Legal Questions

A law can be referred to in a contract but you should be clear what is being referred to. It would probably be better to spell out the terms rather than imply them by reference to the law. This is not intended to be legal advice,  and is general in nature. No attorney-client relationship exists or is formed by this information. furthermore, this does not represent the views or opinions of  LexisNexis or its affiliated companies.         ... Read More

The contract must be reviewed carefully. Many contracts contain clauses permitting another waiver or not requiring enforcement of every breach. Thus it might very well depend on the precise contact wording.  This is not intended to be legal advice,and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

One would have to review the entire agreement. Most agreements have provisions that failing to follow a provision does not prevent future enforcement of the contract or that provision and that any waiver of a provision does not bar future enforcement, so the school probably can enforce the agreement/ This is not intended to be legal advice, and is general in nature. No attorney-client relationship exists or is formed by this information.Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Generally, yes, but I would check the terms of the trust instrument and also check with the stock transfer agent and find out what documentation would be required.. This is not intended to be legal advice, and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

There are various procedures you can follow to collect on a judgment.  These procedures and their effectiveness could vary based on the details of your case, such as how much the judgment is for, who the judgment debtor is, whether the judgment debtor has any assets or property, what court issued the judgment, where the judgment debtor resides etc.  Depending on these details, you may be able to place a lien on the judgment debtor's residence and foreclose on that lien.  You may be able to garnish the judgment debtor's salary, so that his or her employer pays a portion of it to you until the judgment is satisfied.  There are attorneys who specialize in collections who can help you, often without taking any fees except a percentage of what they collect for you.  If you do not want to pay a lawyer, the clerk of the court, or a legal aid society may be able to help you.... Read More

Notify the Consumer Fraud Division of the New York Attorney General, and file a complaint.  Write the company a letter, stating what you said here, and send it so there is a signature for receiving it.  If this does not work, you are going to have to sue.  What was done here is clearly wrong.... Read More

It sounds like you have a good claim for rescission, that the product didn't work as advertised and you want to cancel the agreement and get your money back If you need these folks to get a "lawyer's letter" to let them know you mean business, let me know. Where in NY are you and they located?    ... Read More

Typically a minor can not sign a business agreement without a parent but there are many things a minor can do without a parent, so an attorney would need to see what "business agreement" you are referring to. Non-lawyers create agreements all the time. Legalzoom is a site dedicated to having non-lawyers prepare all sorts of legal documents. Para-legals draft legal documents all the time as do many small business owners, but it is always best to have an attorney review their work if you can afford one.... Read More

You need to find a good employment attorney in NYC who knows whether the local courts will or won't enforce this provision of the contract against you.  The Courts do not like unreasonable provisions or provisions which prevent people from earning a living.  This is not my area of expertise but I can refer you to good counsel in this area. What is the basis for the 90 day notice period?  Is your former employer truly injured by your departure? Did you leave because they failed to live up to your contract? These are all questions you will need to go through with your counsel.  Hope this was helpful. ... Read More

The school is required to provide a "habitable" place for you to reside. If the premises is dangerous to your life, health and safety, that would constitute a breach of their obligations. Advise the school in writing of the mold infestation condition, take pictures, document the problem. If possible get a letter from your Dr. indicating that the conditions in your apartment are detrimental to your asthma. Present all this to the school, if they do not respond in an appropriate way then an attorney would be able to pursue the matter on your behalf.... Read More

You are in a tough spot.  The parol evidence rule prevents parties to a contract from altering the terms of the written contract through the use of contemporaneous oral declarations in the absence of fraud, duress, or mutual mistake.  To prove fraud, the burden would be on you to prove that the salesperson intentionally distorted the truth with the intent to get you to rely on that false fact so that you would sign the contract which lead to your damages.  Your contract may also contain a merger clause that provides that the written terms of the contract may not be varied by prior or oral agreements because all such agreements have been merged into the written document.   This is not intended to be legal advice, and is general in its nature.  No attorney-client relationship exists or is formed by this information.  Furthermore, this does not represent the views or opinions of Lexis Nexis or its affiliated companies.... Read More