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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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1answer
16 views

Does CPLR 3119 allow for pro se litigants from a foreign state to take a deposition in NY?

Unlike Vermont which has recently amended their own version of the UIDDA statute which now explicitly states that the statute also applies to pro se litigants, the New York version of the UIDDA (CPLR ...
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57 views

Evicting My Domestic Partner from an Illegal Basement Apartment

I own a single family house in Queens, NY. I have an illegal basement apartment where my ex (legal domestic partner) has lived for 3 years to share care of our dogs. One of the dogs recently died and ...
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0answers
29 views

Who is the first person heard on the senate floor?

Who is the first person heard on the senate floor and is also head of Committee assignments? Is it the Dean of the Senate?
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1answer
89 views

Does the iconic WWII-end “Kiss” photo depict sexual assault?

One of the most famous images from the end of World War II was of a sailor kissing someone who looked like a nurse in Times Square, celebrating the victory. As described in a featured article in ...
3
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1answer
29 views

If the principal of a power-of-attorney agreement is the agent in another POA, does the first agent have agency towards the last party?

Asking about New York state specifically, but curious about an answer towards any state. In one durable General Power of Attorney agreement: Party A has agency over Party B (A is the agent, B is ...
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1answer
77 views

If a landlord approvs a tenant but refuses to allow them to move in, can the tenant recover fees associated with temporary housing?

Venue is NYC/New York State/US. The Situation: Landlord's real estate agent shows an apartment to Bob. Bob likes the apartment, puts down a deposit, submits an application. Application is approved,...
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0answers
69 views

Am I required to work if I am not being paid in New York?

My pay period will start on August 22nd, however my employer wants me to come in on August 19th. Since this is outside the pay period am I required to work?
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2answers
586 views

Is dumping a bucket of water on a police officer assault?

In NYC, headlines include locals dumping buckets of water on the police officers. https://www.washingtonpost.com/nation/2019/07/23/new-york-cops-throwing-water-de-blasio-unions/
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4answers
19k views

Is it legal for a supermarket to refuse to sell an adult beer if an adult with them doesn’t have their ID?

Today I went with my dad grocery shopping at a supermarket in New York (ShopRite) and he put a six-pack of beer in the cart. They then wouldn’t let him buy the beer because they couldn’t ID me (21, ...
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2answers
246 views

What is the legal status of intimate photos sent to your (now) ex-partner after a break-up?

When I met my now ex-boyfriend, we were both already over 18. I took digital nude pictures of myself and transferred them electronically to him, i. e. I was sexting him. He didn't specifically ask for ...
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0answers
19 views

Is a license required to be an art dealer in NYC?

If Alice wishes to buy and sell art in New York City, New York, USA, is she required to obtain a license from any regulatory board or agency at any level of government?
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1answer
87 views

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
37 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
284 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
228 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, ...
3
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1answer
117 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
990 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 ...
0
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1answer
18 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 ...
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2answers
186 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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0answers
35 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 ...
25
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4answers
6k 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
99 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
100 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
97 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
103 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 ...
4
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0answers
80 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
38 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
348 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
55 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
19 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
127 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 ...
2
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2answers
82 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
54 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 ...
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1answer
90 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
79 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 ...
1
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1answer
126 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 "...
1
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1answer
375 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 ...
1
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1answer
84 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
136 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
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1answer
55 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
69 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
57 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
279 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
99 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
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1answer
145 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
88 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
68 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
342 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
88 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 ...