Questions tagged [new-york]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York. For questions pertaining only to the city use the "new-york-city" tag.

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11 views

Surrogate Court Petition NY - What County

FOR NEW YORK STATE If you need to submit a petition to the surrogate court for executor purposes, what County? I was told the county that the person passed away in and issued the death certificate, is ...
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1answer
52 views

What activities will require an Excelsior covid pass?

NY's website and re-opening plan is difficult for me to understand, and the website is very opaque. What sorts of activities will require an Excelsior pass or recent negative covid test, and will ...
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1answer
77 views

Can I contact this man's probation officer?

My parents and I live in Suffolk County, New York. In January 2017 my father's friend began living with us. During this time, my father's friend was arrested and convicted of animal neglect and abuse....
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1answer
47 views

Public procurement laws or regulations similar to HIPAA or PCI?

United States here, and potentially also involving two states, New York and Vermont. If a business is a vendor that sells goods to the federal government (as a GSA awarded contractor) and also sells ...
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4answers
7k views

If I ask my doctor to order a blood test, can they refuse?

In New York, USA, If I go to my doctor's office and request that they order a specific blood test for me, can they refuse? Is there anything in HIPAA (or other laws) that compels a medical ...
5
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1answer
141 views

What is the legality of an individual of dismantling very clearly abandoned bikes locked to fixtures and fences in a public area?

I live in New York City. Brooklyn to be exact. And while this city is far from bike friendly, there are still a lot of bikes here. Including many bikes that are clearly abandoned and utter garbage in ...
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1answer
145 views

I purchased a vehicle with my money for a business and now the business owner is claiming it is his [closed]

There are two titles because the original owner thought he lost the title in the past and requested a duplicate title and didn't realized he gave me the original. Using the original title I obtained ...
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4answers
162 views

Would a prisoner be allowed to practice law and represent other inmates in court?

Would a prisoner be allowed to practice law and represent other inmates in court, and shown in For Life (2020)? According to the story, when he got to prison, he went to work for the paralegal ...
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1answer
85 views

In the State of NY, if I have no income, but I have a house — do I need to pay property tax?

If I need to pay property tax on the house, are there any exemptions, based on the fact that I have no income? Is it relevant what the tax assessment of the house is? When I look at houses in house ...
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1answer
67 views

Do NYS healthcare providers have a legal time limit to get your medical test results to you?

United States (New York state) here. My wife got some bloodwork done at her doctor's office a few weeks ago, and she confirmed last Monday (2/2/21) with their office that the results were back, but ...
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1answer
85 views

Homicide off Brooklyn Bridge

Let's go on a retrospective to June 1973, New York. Upon a pillar of Brooklyn Bridge Peter Parker is facing Norman Osborn who kidnapped his friend Gwen Stacy. After a short standoff, Mr. Osborn's very ...
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1answer
510 views

Can a breach of contract lead to a lack of “personal jurisdiction?”

Plaintiff and defendant sign a contract. Plaintiff then sues defendant in say, New York state, for breach of contract. Defendant (a corporation) claims it never did business in New York state, and ...
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1answer
108 views

To what extent is “no fault” divorce truly no fault?

In the 1970s, one after another of the U.S. states switched to "no fault" divorce. This is, divorce could be granted to couples without either one of them proving that the other had ...
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2answers
203 views

Alternate recourse to assault

https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed Given the assault shown on the video (...
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1answer
106 views

Could you fix and carry (for self defense) antique firearms in 2010 New York?

Forgive me for basing this on a pop-culture reference. I heard this on a TV show: Abe: They (antique guns) are considered collectibles, so they don't have to be registered. Castle: Making it pretty ...
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1answer
42 views

Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?

I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads: "Subsequent Employment. In consideration of the Company's promises ...
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2answers
75 views

How/when do the parties know that a contract is a “go?”

This is a followup to this question, in which the seller's attorney was tasked with tracking the fulfillment of four preconditions that needed to be cleared. Is the lawyer supposed to give an "...
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1answer
37 views

How do lawyers determine when the preconditions for a contract have been met?

There is a contract with four preconditions, of which the failure of any ONE is sufficient to void the contract. Clearing the four preconditions requires the execution of ten documents, involving the ...
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1answer
34 views

Do NY travel restrictions apply every time?

Wondering about the NY travel restrictions: if I were to complete the self-quarantine requirement etc, and then leave NY (to a place very nearby, Jersey City NJ) and come back to NY the next day, ...
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1answer
39 views

Self-quarantine requirements in NYC

I'm planning to move to NY soon into an apartment or Airbnb I'll be renting. My understanding of the NY travel restrictions is: I need to get a PCR test at least 3 days before entering, and have the ...
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1answer
61 views

What is the liability of an escrow agent who failed to do his job?

This question is a followup to this question regarding a failed. building purchase. The seller's attorney had agreed to be the escrow agent for the transaction. That is, he was supposed to receive the ...
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3answers
183 views

How do executives pay themselves $1 per year without running afoul of minimum wage laws?

Many executives, especially chief executives, receive nearly all of their compensation in stock. Both for public perception, and for tax reasons, Elon Musk, Eric Schmidt, Jack Dorsey, Larry Page, Mark ...
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1answer
74 views

Does a victim being asked questions by police need a lawyer?

First, this is not a situation I or anyone I know of is in. It's a hypothetical, and an attempt to clarify common legal advice in the USA like "never talk to the police without a lawyer." ...
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1answer
76 views

To what extent can you be cross examined for “showing,” rather than “telling” about a crime?

My question was inspired by this question. Suppose I see some "suspicious" activity on a New York City subway. I film this activity and report it to the police. The police decide on the ...
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1answer
83 views

Do I have standing to sue a credit bureau or lender after being approved for a loan but being prevented from signing due to their error?

I'm in New York. So, what happened was that I applied for a loan from a loan agency. My credit was good, I was making good income, and my loan was approved. I need to stress that last point. My loan ...
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0answers
34 views

When would an area variance not be for a self-created difficulty?

When pursuing an area variance in New York State, the local Zoning Board of Appeals applies a five-factor balancing test to determine if they should grant the variance. One of these factors is if the &...
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1answer
43 views

Is it legal to download and host your own copy of a PDF (or any file) that you didn't originally author?

New York state (US) here. I am putting together a presentation for my company and found a PDF online that I would like to provide a link to, so that anyone reviewing my presentation after the fact can ...
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0answers
29 views

What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC?

What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC? I've read that security guards and loss prevention are not allowed to detain people, essentially false ...
2
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1answer
99 views

New employer asking permission to run a background check

I received a job offer (for a software engineer position at a small, remotely distributed company), verbally agreed to it on the phone, signed the offer, and then received a copy with the manager's ...
2
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1answer
44 views

Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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1answer
150 views

Can 501(c)(3) nonprofits sell goods and services like a for-profit?

United States/NY state here. I would like to form a business entity whose primary purpose will be helping the public at large with a very specific charitable cause. This will be a 501(c)(3) charitable ...
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1answer
34 views

Changing NYS LLC mailing address

United State, NY state here. I'd like to change my 1-man LLC's official mailing address with the state. To my surprise, it looks like when I filed the original Articles of Organization over a year ...
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1answer
33 views

Are all nonprofits tax exempt or can there be charitable + tax-paying nonprofits?

United States/NY state here, if it makes a difference. My understanding is that there is a difference between a nonprofit corporation and its tax status. As I understand it, I can form a charitable ...
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0answers
56 views

Can the officers of a 501(c)(7) take salaries?

According to CharityWatch the Boys and Girls Club of America is a 501(c)(3) nonprofit organization, whose CEO is salaried at over $800,000.00. So clearly, it is legal for the CEOs/officers of a 501(c)(...
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1answer
5k views

Is a US (New York) police officer allowed to take your keys at a traffic stop?

So I was browsing Reddit earlier and came across this video of someone on a motorcycle lane splitting in New York (which is illegal there), when a police officer swerved into the path of the rider to ...
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1answer
193 views

Stealing a wealthy man's sperm to collect child support

Mary works as a maid for billionaire investor Maxwell Baron III. They live in New York. Mary always dreamed of marrying rich. However, perhaps because of her modest family background, no millionaire ...
2
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1answer
45 views

Does a minor own the proceeds of a tax forclosure auction if they own the property being auctioned?

In the state of New York a minor is the legal owner of a building (don't worry about how they came to own a building, but just assume they do). At some point the property taxes on the building become ...
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0answers
64 views

How do I apostille an original NYC birth certificate without Letter of Exemplification?

I have an original long form New York City (Manhattan) Birth Certificate issued by NYC Department of Health in 2016 signed by Steven P Schwartz (City Registrar) needing apostille but missing a Letter ...
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1answer
47 views

Can a “legal” type DNA test be conducted in the state of Ney York without a court order?

Suppose two people who are over 18 wish to do a "legal" type DNA test to prove they are related, and one of them resides in New York, and the other one resides somewhere else in the United ...
6
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1answer
1k views

Can gold/silver bullion be used to buy/sell market goods?

U.S. here, specifically NY state. Suppose I have an authentic gold coin ("bullion"). Vendor X is selling a product that she is willing to sell me for the general value (I say general here ...
5
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1answer
490 views

What does “severability” mean in the following context?

Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...
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2answers
103 views

The trouble of White Oaks in the neighbor's yard

Charles inherited and owns an estate of land in upstate New York, Westchester County, Eastchester township. It's not incorporated in either Bronxville or Tuckahoe. On the west side of his land, he has ...
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0answers
49 views

What is the difference between an organizational identification number and a DOS ID #?

When searching through the New York Department of State Corporation and Business Identity database, all information pages in the results have this note at the bottom: NOTE: New York State does not ...
2
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2answers
166 views

The “self defense” defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
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2answers
435 views

Student wearing political shirts in school?

Let's say a student wore a shirt in a New York school that said "I✡️JQ", and the school principal ordered him to stop wearing it because it was offensive and he complied. But later came back ...
2
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2answers
169 views

Can a company be held to an agreement it signed before it was incorporated?

Company X, Inc. or an entity purporting to be Company X, Inc. signed an agreement, A, with Company Y on the tenth of the month. On the fifteenth of the month, Company X filed for, and received ...
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1answer
47 views

What is a “family group” as it pertains to quarantine orders?

New York currently has travel restrictions in place, which require individuals coming in from specific states to quarantine for 2 weeks. They use the definition of "quarantine" as defined by ...
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1answer
75 views

Tenant refused to move out even I told him no more renewal lease. New York, Queens [closed]

I've rented out my apartment in Queens, New York to a family since 08/01/2019. My early intention was to allow them to continue the rental but something comes up - my inlaw was diagnosed as a cancer ...
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2answers
36 views

How to search for court records regarding medical malpractice for a particular physician?

New York state (US) here. I would like to know what tools/sites/etc. I can use for searching any pertinent court records/documents regarding medical malpractice suits against a particular physician. ...
2
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0answers
49 views

How do I demonstrate a legal right or claim to my great-grandfathers death certificate?

Jurisdiction: New York State (Broome County) I am trying to obtain a copy of my great-grandfather's death certificate (died 1951 in Broome County NY) in support of a dual citizenship application. ...

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