Questions tagged [new-york-state]

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

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19 views

Surrogate Court for Petition of Probate New York-Last Will Date Witness

On page 1, #3 of the below form/link. I have the will. It has the date. There are no fields for printed names, witness, etc. It just has 2 signatures. One of the attorney and one I assume was the ...
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1answer
38 views

Surrogate Court for Petition of Probate New York - COMBINED VERIFICATION, OATH AND DESIGNATION what is SS

In NY, when filling out forms for Petition of Probate, it reads the following: COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is an individual] STATE OF NEW YORK )_______ COUNTY ...
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1answer
22 views

What is the meaning of “exploitation” in a publicity agreement and is it necessary for a waiver of claims?

An agreement says: "I hereby expressly release, discharge and waive all claims, demands, losses and liabilities...which may arise from my participation...hereunder or as a result of the ...
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20 views

How does a lawyer's malpractice liability differ under the following two scenarios?

Situation: A client wanted to do a deal with a third party, and hired a lawyer to structure the transaction. There were several required filings, registrations, permits, etc., to make the deal viable, ...
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Why and when did New York State decide to run grand jury investigations differently from US federal grand jury investigations? Other differences?

CNN's May 27, 2021 video 'Frustrated and concerned': Haberman reveals Trump's view of NY probe includes a short interview with "New York Law School professor and former Manhattan assistant ...
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2answers
56 views

New York City- Tenant Rights

I have a question regarding tenant's rights under a leased property; I can't seem to find the answer anywhere online. What are the obligations of a tenant in a 1yr lease to provide notice of vacating ...
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1answer
51 views

Surrogate Court Petition for Probate NY Notification To Others In WIll

I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
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14 views

Searching New York civil litigation case law

Are civil cases litigated in the state of New York between private businesses back in the 1980s accessible to the general public somewhere somehow, either free or behind a paywall? Say I know that a ...
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2answers
125 views

Would it be legal in New York to only hire from Harvard Law School?

The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications. In real life, would this be ...
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2answers
4k views

Can a real estate agent refuse to show a rental property (apartment) in NYC if I don't provide my eligibility information?

I'll email the Nooklyn real estate agents in the New York City area with a question about the property (e.g. floor level, elevator availability, cost of parking, etc.), and they almost always respond ...
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1answer
32 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
60 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
80 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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49 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 ...
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1answer
196 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
146 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
213 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
91 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
92 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
512 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
149 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
205 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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203 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
47 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
80 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
38 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
41 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
68 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
188 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
76 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
77 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
85 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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42 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
45 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
32 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
104 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
250 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
48 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
59 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
238 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 ...
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1answer
47 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
67 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 ...
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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 ...

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