In conclusion, it is important to note that if either you or your spouse does not wish to abide by your separation agreement, it may be negotiated and
altered by agreement of the parties.
Not exact matches
These Terms
of Service represent the entire understanding
of the
parties regarding its subject matter, and supersede all prior and contemporaneous
agreements and understandings between the
parties regarding its subject matter, and may not be amended,
altered or waived except in writing
by the
party to be charged.
(8) If a collective
agreement requires the reference
of any difference between the
parties arising out
of work assignment to a tribunal mutually selected
by them, the Board may
alter the bargaining unit determined in a certificate or defined in a collective
agreement as it considers proper to enable the
parties to conform to the decision
of the tribunal.
(9) Where an employer is a
party to or is bound
by two or more collective
agreements and it appears that the description
of the bargaining unit in one
of the
agreements conflicts with the description
of the bargaining unit in the other or another
of the
agreements, the Board may, upon the application
of the employer or any
of the trade unions concerned,
alter the description
of the bargaining units in any such
agreement as it considers proper, and the
agreement or
agreements shall be deemed to have been
altered accordingly.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order
of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence
of an
agreement to the contrary, the broker's right to a commission is not contingent upon performance
of the underlying real estate contract, receipt
by the seller
of the sale price, transfer
of title, or even a formal execution
of a legally enforceable sales contract; seller could not utilize the provisions
of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions
of the listing
agreement as such language was contained in the contract
of sale prepared
by counsel and to which broker was not a
party; provisions in listing
agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase
agreement are acceptable to the seller speak only to the type
of purchase offer that seller was obligated to accept and does not
alter or otherwise qualify broker's right to a commission
189 DOS 99 Matter
of DOS v. Naftal - listing
agreements; deposits; unauthorized practice
of law; vicarious liability; amendment
of pleading to conform to the proof; improperly
altering listing
agreement without the consent or knowledge
of principal to show the potential commission split with buyer's broker to meet MLS requirements; preparing and submitting fraudulent MLS change notifications purporting to extend and
alter listings; deposit
of escrow funds into operating account; preparation
of lease constitutes the unauthorized practice
of law; pleadings may be amended to conform to the proof and encompass a charge not stated in the complaint where the issue has been fully litigated
by the
parties and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; continuing to offer properties for sale after preparation
of forged listing extensions violates 19 NYCRR 175.10; DOS fails to establish violation
of 19 NYCRR 175.12 for failure to provide copy
of listing extension where extension was not authorized
by principal; DOS fails to demonstrate demand for unearned commission where broker may have believed they were entitled to a commission; broker's licenses suspended for one year and thereafter until such time as restitution in the amounts
of $ 5,000.00 and $ 2,055.40 is made