Questions tagged [new-york]

The U.S. state. For questions pertaining only to the city use the new-york-city tag.

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Would working for a marijuana distributor remotely from outside of a legal state be open me to criminal charges?

I saw a job opening for a software developer position working in the marijuana industry. This is a job where I would not be directly handling or distributing marijuana. The company would be based in a ...
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0answers
29 views

In NYS, can a medical marijuana patient be fired or denied a job for a positive drug test result for THC?

In New York State, do medical marijuana patients have legal protections when it come to THC showing up in a drug test? Assuming they are both living and working within the state. Additionally, do ...
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2answers
219 views

Want to sue my former employer for wage theft; or settle

I have not been paid wages for April 2019 and was abruptly laid off on May 8. I want to sue the company. They are moving money out of the U.S., telling employees we'll be paid soon, and seemingly ...
5
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1answer
178 views

Company wants me to sign a general release ASAP. I said no

I got let go today but my company (based in NYC) still owes me money, about $12,000 after tax, roughly. Shortly after letting me go, the company asked me to sign a general release. This, in theory, ...
2
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1answer
82 views

Do I have to submit DNA again after first sample failed?

Question (short version): My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample? Background: I was convicted ...
4
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1answer
333 views

Child care exemptions for jury duty in NYS?

New York State (USA) here. I work full time and my wife is a full-time stay at home mom and caretaker for our two children (ages 4 and 6). My wife received a Jury Duty summons and is expected to show ...
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1answer
15 views

PERB Citation Elements

What does the following mean exactly? (Matter of Freeport Union Free Sch. Dist. [Freeport Educ. Off. Assn.], 31 PERB ¶ 4021 [1998]) From part 1.1 of the NYS Law Reporting Style Manual, I see a ...
3
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2answers
165 views

Interpreting the 2019 New York Reproductive Health Act?

There has been a lot of discussion about the New York 2019 Reproductive Health Act signed by Governor Cuomo. Under what conditions can a legal abortion be performed under the NY 2019 Reproductive ...
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25 views

In a New York Subway, Are you allowed to use a vape pen?

Vape pens emit vapor which appears just like smoke. Smoking is not allowed on New York Subways, but vaping is not smoking as there is no combustion. Are vape pens allowed on New York Subways? Are ...
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4answers
5k views

Do Legal Documents Require Signing In Standard Pen Colors?

I have a question as to whether or not legal documents signed in non standard pen colors (Anything other than blue or black) are valid. I carry a purple pen around that use for everyday writing tasks,...
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1answer
69 views

Suits: How can Simon Lowe, with Daniel Hardman, sue Harvey Specter in connection with the doctrine of unclean hands?

In the last 2 episodes of Suits Season 8, Simon Lowe sues, via his attorney Daniel Hardman, Harvey Specter for breaking privilege. What happened was the lawyers Harvey Specter and Alex Williams who ...
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2answers
94 views

There's a (potentially large) mistake in my contract, is there a need to address it?

A company that's using the contracting firm said they'd pay me $X per hour, and the same amount for hours over 40 in a given week. Apparently there's an exemption from the 1.5x pay for certain ...
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2answers
96 views

Icy conditions, who is to blame?

We had a bout of freezing rain last week. While I was driving to work, I stopped at A US Customs Inspection Lane (I commute from Canada). Due to the crowning of the plaza, my car slid sideways 90 ...
12
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2answers
4k views

Does the adultery law in New York affect the person being used to cheat with?

I found a public website regarding this law (New York Penal Law Sec. 255.17 Adultery), this one: https://newyork.public.law/laws/n.y._penal_law_section_255.17 Let's say someone's wife cheats on her ...
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2answers
101 views

Test law for constitutionality without risking jail?

I was always sort of told that the constitutionality of a law could not be tested except by a "real" case. In other words, you had to violate a law to get it tested in court, and thereby risk jail ...
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0answers
76 views

Can a township be at fault for damaging property?

This involves the neighborhood I grew up in, and where my parents still live. Its a small exurb of NYC. The development my parents live in is about 200 houses at the base of a steep hill. In the past ...
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0answers
33 views

Supplemental Spousal Liability NY

I was always under the impression that Bodily Injury Liability pays out to to other driver, other driver's passengers, and your own passengers. After reading the below, "your own passengers" ...
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2answers
235 views

Indictment of solicitation of child pornography

Let's say Bobby asked Sally if she wanted to trade lewd pictures when they were minors via an instant messenger. Sally flatly says no at the time, and no pictures are sent or received, with Bobby ...
2
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1answer
52 views

What makes me a member of my LLC?

I had a lawyer form an LLC in New York, where I reside, that I used to buy rental property. I paid for the property using money from my personal bank account. The property deeds are in the name of the ...
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1answer
18 views

Where Can I Find Weapon Definitions as Refereed To In NY Penal Code?

In NY penal code section 265.01 it states: A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, ...
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2answers
104 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
3
votes
2answers
64 views

What obligations do homeowners have about storm water discharge?

When there is a downpour, which happens at least a dozen times per year, my next-door neighbor's back yard fills up with water. I mean that the entire back yard looks like a pond, and the grass is ...
2
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1answer
52 views

Subletting in commercial space with verbal but not written permission - NYC

I'm a tenant in a commercial space in NYC that is sublet friendly (lots of artists, musicians, etc.) My landlord told me subletting was okay when I first looked at the space I rented and I ended up ...
0
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1answer
86 views

Does filing a complaint with the NY Board of Regents do any good?

Recently, the student government of Rensselaer Polytechnic Institute decided to file a complaint with the New York Board of Regents over the behavior of its administration. In an editorial in the ...
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0answers
55 views

Clarification: petit larceny by lost property v. criminal possession of stolen property

The following pertains to NEW YORK laws: What is the difference between petit larceny acquired by lost property and criminal possession of stolen property in the 5th degree? Please provide examples. ...
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0answers
35 views

Clarification: identity theft/impersonation/personal id info and examples

The following pertains to NEW YORK laws. What is the difference among criminal impersonation in the 2nd degree and identity theft and unlawful possession of personal identifying information in the ...
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0answers
78 views

What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
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1answer
118 views

Upcoming Child Support Hearing

Back story: I am male, 50 years old. 25 years ago, in New York State (USA), I and a bunch of coworkers occasionally would go out for drinks on Fridays after work. One of the regulars in this crowd is "...
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1answer
269 views

Can records of custody court cases be searched in NYC? If so by whom?

Person A has a need to find person B. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within ...
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1answer
72 views

How to postpone a hearing? First appearance. (NY) (Family Law)

Would you please inform me of the/a proper and respectful procedure for having a hearing postpones or rescheduled? I would like more time to prepare for a family court case in which I intend on ...
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1answer
119 views

Motion or Demand for Discovery (NY) (Family Law) [closed]

First appearance; I am not using a private nor public attorney. In a family court case, can I "motion for discovery" prior to a first appearance? Should I be "motioning for discovery" or "demanding ...
0
votes
1answer
50 views

Non-ERISA Fiduciary Responsibility for New York State

I would like to know ERISA equivalent for a government organization in New York State https://www.asppa.org/Resources/Publications/Plan-Consultant-Online/PC-Mag-Article/ArticleID/5217
2
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1answer
62 views

Removal of made public personal information. Privacy laws

There are many websites today which scrape and aggregate data. Are these laws protecting US citizens and/or New York state residents which ensure that, upon request, the information must be removed? ...
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1answer
48 views

New York funeral arrangements

My uncle passed away last week. His next of kin lives out of state. Can someone else make the funeral arrangements but still have the next of kin take care of all the legal responsibility?
4
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2answers
261 views

Can a city legally force a homeowner to remove their garden?

Hypothetical: a homeowner received a letter in the mail from the city stating that said homeowner is being ordered to keep their lawn mowed such that the lawn did not violate the city ordinance about ...
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1answer
53 views

state statute violate 4th

If ny state vehicle statute declares it to be a misdemeanor for failing to update ones home address marked on the drivers license, punishable up to 250 dollar fine and or 15 days imprisonment, after ...
2
votes
1answer
137 views

Are Michael Cohen's False Statements About the Law Grounds for Disbarrment?

A recent NPR article revealed that in making a threat of a lawsuit, Michael Cohen materially misrepresented the law in claiming that one cannot rape their spouse. This strikes me, as a layperson, as ...
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0answers
82 views

Are business owners liable for harm inflicted by homeless spikes?

Businesses in cities install hazards, hard spikes or sharp bench dividers, to ward homeless from using flat surfaces near the business as a dry place to sleep. If a homeless person were to use this ...
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1answer
59 views

Picture of a receipt from a Doctor

I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't ...
1
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1answer
170 views

Lease Terminated, Tenant Has Not Moved Out Yet and Cannot Pay Rent

The lease between me and my tenant expired yesterday and the tenant doesn't want to renew/sign the new lease for another yearly term. The tenant didn't tell me that she was going to move out and not ...
2
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2answers
87 views

How to deal with threats involving suspension of auto license?

I passed through cashless E-ZPass booths several times between New Jersey and New York in December and January. I don't have a monthly pass, but I'm willing to pay the fees. The issue is that I never ...
0
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1answer
38 views

Does prospect of sale price being paid in full determine validity of sale?

I’ve been offered to sell my business to another business in what appears to me as a lease or licensing agreement with royalties, but the contract’s language says “purchase”. In short, the buyer ...
5
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1answer
162 views

How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en

SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING. In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders ...
5
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1answer
436 views

Could a high school teacher require their students to register to vote in New York?

Suppose that I'm a social studies teacher in a high school in New York state. Odds are good that I'm teaching high school seniors about American history and politics. I want my students to get ...
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1answer
128 views

48 hours to sign a contract

A manager at my company cited a very vague New York law that I'm skeptical about. We can have no more or less than 48 hours to sign an employment contract. Is there any truth to this?
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0answers
134 views

How can I legally petition for a home that has been in the family for generations but the deed has another name on it

There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
2
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1answer
248 views

landlord suing me for $5k damage to property. How to prepare (small claims court, White Plains, NY)

The dispute: mold and crack in a common bath tub shared by multiple users. Landlord refuses to return deposit until tenant pay for a replacement of bath tub including professional installation. Signed ...
2
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1answer
568 views

Does tolling apply to the statute of limitations in New York State?

More specifically, for a private unsecured debt with a statute of limitations (SoL) of 6 years in New York State, will the SoL be tolled (paused) if the debtor leaves the state, or the country (or ...
2
votes
1answer
110 views

Andrew Cuomo suing over the 2018 tax plan

Andrew Cuomo (Governor of New York) is planning on suing over the 2018 tax plan, claiming it to be unconstitutional: https://www.usatoday.com/story/news/nation-now/2018/01/03/cuomo-new-york-sue-over-...
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1answer
73 views

Flying leap from Walsh to Morse

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...