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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When chattel damages chattel

Dogs are, as we all know, animals and property at the same time. So the law calls them chattel, together with many other things and cattle, like sheep or geese. Now, let's say Alice lives in North ...
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Can funding children's college education be mandated during divorce?

If a married couple are divorcing, can the judge mandate that one of the spouses fund the children's college education (if the details matter, let's say the children are teenagers but not of college ...
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1 answer
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How do you prove resident and non resident in litigation [closed]

If you are working in NY and have addresses in both NYC and CT and receiving mails at both addresses. How do you prove you are resident of NY and non resident in CT.
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Are there limitations to construction a landlord can do during working hours?

New York State. If a tenant works from home, are there any limitations on construction being done on the adjacent apartments during working hours which create a very difficult working environment?
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Can a person sign a contract committing to never taking an ex-spouse to Family Court?

Can a person sign a contract committing to never taking an ex-spouse to Family Court? For example, as part of a divorce agreement, my (soon to be) ex-spouse wants me to put money aside in escrow that ...
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1 answer
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if employer is willing to settle prior to litigation in federal court

I would like to ask this question related to employer wrongful termination of the employee as a result of retaliation for employee protected activity at work. Would you give up OSHA claims if employer ...
3 votes
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66 views

Can I take family leave in NYS if my employment date started after date of birth?

If someone has a baby in January, and starts at a company in February, are they eligible for the state-legislated paid family leave once the required time has accrued, or must they need to have been ...
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5 votes
3 answers
1k views

Is misrepresentation a tort or a breach?

I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed ...
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Do Will witnesses in NY state require a copy of the Will prior to witnessing/signing?

In New York State in order to be a legally valid Will, the Will must be signed by two (2) Witnesses who are in no way, shape or form beneficiaries of the estate/Will. Do the Witnesses need to see/read ...
4 votes
2 answers
323 views

Probate vs Non-Probate Assets for Wills

New York State (USA) here. I'm having trouble understanding the difference between Probate and Non-Probate assets, from a Will/Testament standpoint. I believe non-probate assets are specific gifts you ...
2 votes
2 answers
94 views

Forms for a NYS LLC to elect LLC/non-S Corp taxation

NY state (USA) here. If a 1-man NYS LLC wishes to elect S-corporation taxation status, they must file a Form 2553 with the IRS, and a Form CT-6 with the NYS Department of Taxation and Finance. At a ...
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1 answer
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Signing, witnessing and filing requirements of a Last Will & Testament in NY

In New York state (USA), what are the signing & filing requirements for a Last Will & Testament? Pretend the Will itself (the wording) is valid and enforceably. My understanding is that the ...
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Understanding which inherited assets are taxed in NY

New York State (USA) here with a Last Will & Testament question. Are things like life insurance and non-probate gifts taxed? Or do they pass to beneficiaries untaxed?
2 votes
1 answer
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What happens during and after investigations into a false conviction?

I'm interested in the NY(C) jurisdiction. So, the relevant people are convinced that a person might have been wrongfully convicted. So, an investigation starts, and it proves this. Then, the person is ...
2 votes
1 answer
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Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?

I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.). This ...
28 votes
3 answers
10k views

Do these NY old dumb laws actually exist?

I read some articles about old dumb laws in NY that few people know about. Apparently, these are violations that no one would be fined for in practice because they are so archaic that not even law-...
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1 answer
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What gives the (New York State) governor the power to make executive orders?

In New york state is there a part of the constitution (New York State Constitution) or a law that expressly guarantees a Governor the right to executive orders? The only reference I could find to ...
2 votes
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Do state laws have an equivalent for disregarded entities similar to the IRS?

The IRS has the concept of a "disregarded entity", meaning a company that is functionally equivalent to its owner. This is often the case when the company has only one member and has no ...
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6 votes
2 answers
2k views

Late responses in lawsuit, how to forestall the court from allowing it

In the jurisdiction of the state of New York, a lawsuit demanding payment for a debt must be responded to within 20 days of the defendant being personally served. I assume this is a statutory limit, ...
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2 votes
1 answer
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Are there any First Amendment issues around New York State Senate Bill S117A?

The New York State Senate recently passed Senate Bill S117A, which would obligate museums to display placards for any art that might have been stolen by Nazi Germany indicating that fact. Since the ...
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4 answers
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Is a sign that only says "POSTED", nothing else, sufficient to be understood as "No Trespassing"?

In 2014 I hiked in the Adirondack Mountains, New York, United States of America. The trail passed a sign that had a single word on it: "POSTED". There was no other text on the sign either ...
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3 votes
1 answer
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What does it mean that I must "immediately reimburse Owner for the cost of any insurance policy Owner obtains for the Apartment"?

On the lease I am considering signing, it says in section 32 D: Tenant shall immediately reimburse Owner for the cost of any insurance policy Owner obtains for the Apartment, including but not ...
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2 votes
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Can you be denied a concealed weapons permit in NY if you don't have social media or give references?

Since the Bruen decision, NY has changed the requirements to get a concealed weapons permit. They have since required applicants to demonstrate “good moral character” and (1) attending an in-person ...
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Breach of contract implies bad faith in New York?

Apparently in New York, breach of contract implies bad faith in New York, so there is no necessity in making a separate complaint of bad faith when filing for breach of contract. However, this seems ...
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What type of psychological abuse must a mandated reporter in NY state report as domestic abuse?

If a worker of a medical or psychiatric facility suspects psychological abuse rising to the level of constituting domestic violence or has reasonable cause to suspect such by a parent of their adult ...
3 votes
1 answer
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Comments on Rafaela Espinal v. New York City Department of Education et al

I am following up on an old court case that was reported in the news last year that stated: Rafaela Espinal, a Dominican-American woman, claims in court filings she was abruptly fired from her job as ...
2 votes
1 answer
172 views

Possible change of state of residency, questions?

My partner recently got a job in a neighboring state and will be moving there and asked me to move with her. She leased an apartment in her name and added me in as an occupant but she's the "...
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1 answer
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Roommate isnt paying her half of the utilities, can I sue her? [duplicate]

So my roommate, her kids, myself, my mother (who is visiting lt) and my dog live in a duplex and we each pay rent, separatly, to the landlord. The utilities are all in my name except the wifi; that's ...
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1 answer
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Does a NY divorce court have jurisdiction to rule on an action that involves the use of Supplemental Security Income funds?

An over 21 mentally challenged person who was certified to receive Supplemental Security Income (SSI) at the age of 18 elects a "Payee" who happens to be a parent. For several years the ...
1 vote
2 answers
216 views

Is "No More Mutants" Genocide?

It's September 28th 2005. A heartbroken mother who recently lost her twins and their father has a mental breakdown and utters three words. Too bad that she is a quite powerful reality bender and that ...
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2 votes
1 answer
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How do I check the texts of New York State laws online?

I want to read up the text of laws online. I am specifically interested in New York State laws. Is there a webpage where I can read up on the text of laws in New York State, or perhaps some other ...
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Does a scheduled child support modification need to go through court?

Divorce happened in NY 3 years ago. Our divorce agreement states that every 3 years we will rerun the child support calculations and determine the new amount I'm to pay. Can we just run the numbers ...
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Are involuntary commitment hearings under the NYS Mental Hygiene Law heard in the county or city court?

All in the title, unfortunately. Under the mental hygiene law one is entitled to a hearing following a 2-physician certification of involuntary treatment worthiness. What type of court is this type of ...
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How to request stenographic transcripts of psychiatric commitment proceedings under NYMHL from Westchester County Court's archive?

What is the process for obtaining transcripts of the judicial involuntary psychiatric commitment hearing and what form exactly would they be provided in?
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1 answer
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What happens to the heirs/successors of Medicaid recipients who are members of Special Needs Trusts?

US and NYS here. I am reviewing options to try and get my elderly mother (she's 75 and quite sick with miscellaneous heart, lung and vacularity problems) eligible for Medicaid. I was told about Pooled ...
34 votes
4 answers
13k views

Is it true that it's not illegal for a parent to sell their 13-year-old child to a drug dealer?

My question is prompted by an episode of the TV show Law & Order, specifically the 6th-season episode titled "Slave". In the episode, a couple of the lawyers state as fact that it is not ...
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1 answer
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How to compel small town government to take action when critical infrastructure (sewers) fail?

Upstate NY (USA) here. I live in a very small, rural village (only a few hundred people). The street we live on has a sewer line that all the houses connect to. Last week our neighbors noticed a very ...
1 vote
1 answer
63 views

Does private school contract remain valid when family leaves state? Can parents be forced to cover fundraising "shortfall"?

Family signed combined tuition and "fundraising obligations" contract with a private school in NYC, in September, and moved out of state the following summer. The school's position is that ...
1 vote
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How often can self-storage raise rent on existing contracts in NY?

If a self-storage company has an existing customer who has had a contract for a few months, and they want to increase the rent, how frequently can the rent actually be increased? Thanks
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Can my ex boyfriend legally take back a gift he gave me during our relationship?

My boyfriend and I have been together for a year. During our relationship, he had an old computer lying around in his house that he no longer had any use for. He gave it to me as a birthday gift and I ...
1 vote
2 answers
42 views

When Can a Beneficiary/Distributee for an Estate Compel an Executor to Initiate Probate in NYS?

Soon after the death of their father in Queens, NY, two surviving sons, Brother X (who lived with their father) and Brother Y (living in NJ) find their father's will in his personal papers. The will ...
2 votes
2 answers
116 views

Is it legal for a hospital to disclose details of one's forced hospitalization hearing to a family member?

My mother had me involuntarily admitted in NY State, and the hospital deemed me fit for discharge. There were delays and during that time my mother called in protesting my scheduled discharge. My ...
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What percentage of NYS Mental Hygiene Discharge request hearings are adjudicated in favor of the hospital, or where can this information be found?

In the NYS Mental Hygiene Law, after one is admitted involuntarily by the certifications of 2 physicians, they may be held for 60 days without a judicial intervention. However, if upon being admitted, ...
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Is a certificate from a car dealership legally binding or can they unilaterally change the terms?

The car is purchased new from authorized dealership in New York State in 2014. To sweeten the deal, the dealership gives a certificate to buyer a certificate for free oil changes for as long as you ...
13 votes
3 answers
6k views

Would there be legal implications in the US to modifying a real vaccine card with fake info?

I know someone who received two doses of the vaccine, and so she has a real vaccination card. But she had substantial side effects from the second dose, and so doesn't plan on getting a booster. Her ...
1 vote
1 answer
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When, where and how can a non-profit parent transfer money to a for-profit subsidiary?

New York State (USA) here. A 501(c)(3) non-profit owns a C-corp subsidiary. Under what circumstances can the parent non-profit move money into the C-corp for its business purposes? Obviously the non-...
1 vote
1 answer
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Limitations on a subsidiary LLC owned by a non-profit

New York State (USA) here. The business structure at hand is a 501(c)(3) non-profit that owns a for-profit LLC. What limitations at the state or federal level, if any, are placed on what type of ...
4 votes
1 answer
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Can one use evidence obtained in NY in an MA court - specifically about wiretapping laws

New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. It is an E felony under New York's wiretapping law to ...
8 votes
1 answer
2k views

Is the plot of Fatal Attraction legally accurate?

Fatal Attraction is a 1987 film. The part of the plot I'm interested in is: Daniel "Dan" Gallagher is a successful, happily-married Manhattan lawyer whose work leads him to meet Alexandra &...
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Right of a third party to financial disclosures arising out of a divorce

I am a creditor of a party who went through a divorce and I was told by someone who had been part of the proceedings that the debt to me was listed among the liabilities of the party in question. Will ...
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