Legal Question in Business Law in New York

I signed an agreement with the County in which I live to operate a concession stand in a county owned building.

Halway through the term of the contract a county worker contacted the department of state regarding code violations in the building. The state found that the county had never applied for, nor received, a permit from the state to operate a concession stand in the building and the county would not receive one until they completed a 'laundry list' of items to bring the building into code to operate such.

The problem is, I already paid the county for the entire season's lease payments at the beginning of the term. Since we had to close halfway through the term, immediately after I bought a $6,000 ice cream machine for the concession stand, and just as the profitable portion of the season was underway.

I think my entire lease payment should be refunded because the county had no business entering into an agreement that they could not legally entitled to do.


Asked on 9/24/11, 1:31 pm

2 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

It appears the County is in breach of the Agreement, the agreement should be carefully reviewed for the damages provisions, in case of a breach. You may be entitled to more than the lease payment.

Best Regards,

Tanya Gendelman, Esq.

www.WeSettle.com

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Answered on 9/24/11, 2:17 pm
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Result: breach of contract by the county. However, if you wish to continue working with the cournty regarding this and future endeavors, I suggest that you contact designated individuas at the County and try to resolve the issue amicably with a provision for future collaboration in concrete form. Rest assured, you have to file a notice of claim with the County within 90 days, thus preserving your rights in any instance. If you are given the run around, you should definitely retain an attorney.

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Answered on 9/24/11, 6:16 pm


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