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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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Malpractice lawsuit for seizure (potentially) caused by vaccination

I am somebody who (due to a condition called a cavernous angioma) has suffered from epilepsy (mostly partial-onset seizures and, as of Tuesday, 4 grand-mal seizures) for all of my post-pubescent life (...
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
90 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
58 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
31 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
90 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
73 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
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2answers
59 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
47 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
72 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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42 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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21 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
72 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
111 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
135 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
53 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
95 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 ...
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1answer
29 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
49 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
43 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?
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2answers
231 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
52 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
120 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
73 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
55 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 ...
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1answer
125 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
86 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 ...
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1answer
37 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
143 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
367 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
119 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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109 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 ...
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0answers
47 views

How long does it take to legally change one's name?

In New York State, how long would a person require take to legally change their name? I've read that it can take anywhere from one day to 6 months to a year. What matters in deciding the time it ...
2
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1answer
192 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 ...
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1answer
327 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
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1answer
103 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
62 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 ...
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1answer
48 views

Dissolve a corporation as a minor stakeholder in New York

I am a minor shareholder (control less than 20% of the shares) at a startup that never did any business. It is a C-Corp incorporated in New York under my name. Right now I want to dissolve the ...
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3answers
163 views

Are there legal grounds for seeking pre-emptory dismissal of retaliatory law suits?

In some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious nature. For example, recently a photographer sued one ...
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0answers
93 views

Am I legally obligated to return a lost iPhone I found? [duplicate]

The other day while biking, I found an iPhone laying on the side of the road. I picked it up, and brought it home with me. I didn't think of it much at the time because I had work to do, and I had to ...
2
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1answer
61 views

How and how long does a person have to cure or “true” a misrepresentation?

Suppose a person writes a check that bounces because the account has "insufficient funds." That would be a misrepresentation (of the person's bank balance). How long does the person have to make the ...
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1answer
86 views

Fraud causes of action without reliance

In a case where there is very obvious instance of fraud (e.g. producing fake document in order to get out of an obligation), but it is so obvious that the other party did not rely on it - what causes ...
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2answers
144 views

Does repudiation by one party in a contract allow the other to also repudiate?

Suppose a situation with the following sequence of events. A clause in a contract stipulated obligations on both parties A and B. Party A failed to fulfil the obligation, and despite multiple ...
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1answer
200 views

When amending a complaint to include an additional party, is the new party's name included in the title page?

To clarify - should the new party's name be added directly on the cover/title page, or is it left as it is but moves to add the new party in the content of the amendment? This is in NY state, civil ...
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2answers
39 views

Can the broker-agent of a landlord be construed as party to a leasing contract? [NY]

The leasing contract bears the broker's name, under "broker", and not as a signatory. Is there an agency law ground (or some other) to make the contract enforceable against the broker (given no ...
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1answer
887 views

How should defendant respond to summons with endorsed complaint in NY (CPLR)

If a client is served with a "summons with endorsed complaint" for case filed at NY civil court (dispute less than 25k), where it was effectuated by substitute service, then what are the next steps - ...
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1answer
127 views

Is the estate I administer entitled to money after foreclosure of a destroyed house?

I am the administrator of an estate in upstate New York. Unfortunately, there is effectively no money in the estate which would allow me to hire a lawyer, so I'm hoping you folks can help. By the ...
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1answer
113 views

What constitutes “doing business in a jurisdiction?”

In order to be sued in a particular jurisdiction, say New York, a company must have a minimal business presence in the jurisdiction. What constitutes such a presence? Suppose the company engaged a ...