Legal Question in Consumer Law in New York

cancellation of signed contract

In Nassau County, a private home owner's assc president signed a contract with a snow removal person. The president cancelled the contract within three days by calling the snow removal guy during this time. The snow removal guy said OK and to email him also. The president emailed him five days after he broke the contract. Now the snow removal guy wants to sue saying he already spent $1100 on salt for ice removal. The contract said that he would charge the home owner assc $5000 for each snow removal. The president cancelled the contract because of the high expense. Can he get out of the contract legally?


Asked on 12/22/07, 4:06 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: cancellation of signed contract

Yes, however it will probably be cheaper to negotiate the purchase of the salt. As the salt is fungible and can be used on other jobs, a token payment (say $500 or less) will probably forego litigation. If not, the contract was agreed to be broken by the contractor thru the e-mail.

By the way, as the association president is representing a corporation, this is not a consumer contract and thus is not entitiled to the three day cancellation requirement. So five days, three days it makes no difference. It is the request and acceptance of the cancellation that matters.

Your president should seek legal advice before signing and committing the association to such an expensive contract. There should have been a cancellation clause in the contract and there should have been a liquidated damages clause as well.

If your association would like to speak to a lawyer about representing it, I would be happy to speak to you about that. You may reach me through the links below.

Good Luck.

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Answered on 12/23/07, 11:48 am


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