James K. Lyder’s Answers

James K. Lyder

Poughquag Employment / Labor Attorney.

Contributor Level 11
  1. Does this verbal agreement hold up in court?

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. James K. Lyder
    3. Eric Edward Rothstein
    4. Alan James Brinkmeier
    5. Brandy Ann Peeples
    5 lawyer answers

    If you did not assist in the house being paid off you did not provide any consideration for the promise to live rent free. Thus, there may not be an enforceable contract due to lack of consideration.

    3 lawyers agreed with this answer

  2. Can I cancel an auto lease agreement without penalty in NYS,? I signed the lease and took possession today,

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Steven Warren Smollens
    3. James K. Lyder
    3 lawyer answers

    For many types of high pressure purchases in NY there is a 3 day statutory right to rescind, but not with auto leases. I would suggest you contact the dealership and/or leasing company and explain that the disposition fee was not brought to your attention and that you want it waived. You may file a complaint with the NYS Attorney General's Office if you reasonably believe this was a deceptive trade practice, although that claim may fail if the disclaimer language in the "no money down"...

    3 lawyers agreed with this answer

  3. I am an author. My publisher has violated our contract on numerous occasions. Does that make it null and void?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    2 lawyer answers

    As a general rule, continued violations of a contract do not make the whole contract null and void. However, if you have consistently failed to assert your rights when the contract was violated, you may have waived your rights under the contract to complain about similar violations in the future. Many contracts contain non-waiver provisions that protect against this implied waiver. So, as my colleague aptly stated, it really comes down to a lawyer reviewing your contract and applying the facts...

    3 lawyers agreed with this answer

  4. If a neighbor whose land abuts our land and starts construction on a building and grades there land towards our land

    Answered about 1 year ago.

    1. Vincent Thomas Pallaci
    2. Jack Richard Lebowitz
    3. James K. Lyder
    3 lawyer answers

    You have not asked a question. What is your question?

    3 lawyers agreed with this answer

  5. Denied a job

    Answered about 1 year ago.

    1. James K. Lyder
    2. Jeffrey Ira Schwimmer
    3. Arthur H. Forman
    3 lawyer answers

    Get documents evidencing the mistaken identify problem and show them to the prospective employer. Even if you don't get this job, it will help if this comes up again. In fact, you should consider doing a background check on yourself and showing that to the prospective employer.

    3 lawyers agreed with this answer

  6. Getting harassed at work wanting to talk about my childhood threating to fire me trying to make me quit

    Answered about 1 year ago.

    1. James K. Lyder
    2. Ronald Joseph Kim
    3. Eric Edward Rothstein
    3 lawyer answers

    If you value your job you should get a lawyer involved asap. The lawyer can send your employer a letter of representation and minimize your employer playing games with you since they will know their conduct is being scrutinized. It will be easier for you not to get fired than to regain you job. Act quickly.

    3 lawyers agreed with this answer

  7. Can you be denied employment based on a pending felony charge?

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Vincent Peter White
    3. James K. Lyder
    3 lawyer answers

    You are not protected by NYS Human Rights Law (Executive Law 296(16)) since the charges are pending. What your employer did appears to be legal to me. I would suggest that if the charges are resolved in your favor (dismissal or acquittal) you reapply.

    3 lawyers agreed with this answer

  8. Who gets paid first from the estate, after the funeral and all other debts have been paid?

    Answered about 1 year ago.

    1. Celia R Reed
    2. James P. Frederick
    3. James K. Lyder
    3 lawyer answers

    I agree with the other comments but would add that the lawyer's and executor's fees can be subject to approval by the Court.

    3 lawyers agreed with this answer

  9. How do I deal with noisy next door neighbor?

    Answered about 1 year ago.

    1. Celia R Reed
    2. Steven Warren Smollens
    3. James K. Lyder
    3 lawyer answers

    I think we are assuming you own your home. If you rent it, you can take action against your landlord in addition to what has already been suggested. Speak to a landlord/tenant attorney if you are a renter.

    3 lawyers agreed with this answer

  10. Can the lease agreement signed be changed if I found out after that my roommate has a mental disorder?

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Brandy Ann Peeples
    3. James K. Lyder
    3 lawyer answers

    I agree with the others that without proper modification to the lease you are bound by it. My concern is whether you are still responsible in the future. How long is the lease? If you are still responsible for rent and your roommate pays it, expect to get sued again. If you are still on the lease, get with a lawyer and review how you can get out of it.

    3 lawyers agreed with this answer