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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1answer
107 views

If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
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3answers
815 views

List of state and federal authorities having regulatory control over microbreweries

Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own ...
3
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1answer
39 views

NYS Tied House Law, explained

Upstate NY (USA) here. Reading the NYS State Liquor Authority's Brewery Quick Reference Guide and trying to understand the Tied House Law passage on page 1: "Tied House...Additionally, the 'tied ...
29
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2answers
4k views

Is signing a document that I have not seen legally binding?

In medical establishments such as doctors' offices or blood draw facilities I have been presented with a digital signature pad and told to sign one or more times. Usually the person handing it to me ...
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1answer
138 views

How to write a retroactive letter of representation?

An attorney began representation of Mr. X some months ago, as assigned counsel, without a letter of representation. Such a letter is needed now in order to make a court-ordered restitution payment to ...
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9answers
10k views

Can I get a DUI in my wheelchair?

I use an electric wheelchair. Upon leaving a bar, I notice I am pretty inebriated. Obviously I shouldn't drive an automobile, and I don't. But what about my wheelchair? I know some jurisdictions ...
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1answer
103 views

Does a landlord have an obligation to enforce its noise rules?

Does a landlord have an obligation to tenants to enforce the rules in an apartment lease regarding noise complaints against another tenant, including following through with their "violations of ...
2
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2answers
80 views

Does a "temporary guardian" count as a "legal guardian" as mentioned in Proclamation 9984?

I'm a US citizen, and I want my young son's and newborn daughter's Chinese grandparents (without green cards) to be able to visit and take care of them in the near future. They don't speak English, so ...
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2answers
48 views

Allowable deductions for security deposit on rental property

Consider the scenario where the owner of a summer rental property learns that the county occupancy tax has increased between the time when a tenant signed a rental contract and paid the agreed upon ...
2
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1answer
70 views

Travelling through New York with a firearm

I recently had a discussion with a gentlemen when asking about a scar on his body and it led to a shocking story that almost seemed such an abortion of justice as to not be entirely correct or ...
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0answers
15 views

New York Education Law Section 2

I was looking at this NYS law about student privacy. I could not understand what makes this different than FERPA. Can anyone explain that? What does this law mean for a teacher?
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1answer
109 views

Are teachers required to report student suicidal tendencies in New York?

I know that a teacher should report to someone if they think that a student is having suicidal thoughts. But is there a law in New York State that requires it?
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1answer
27 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
65 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
26 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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0answers
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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0answers
21 views

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
61 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 ...
2
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1answer
53 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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0answers
15 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
147 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 ...
12
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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
42 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
65 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
84 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
51 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
8k 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 ...
7
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1answer
210 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
147 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
317 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
93 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 ...
2
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1answer
87 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
97 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
513 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 ...
3
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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 ...
2
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2answers
206 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
290 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 ...
2
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1answer
48 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, ...
1
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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 ...
2
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1answer
69 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
196 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
81 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
91 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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0answers
46 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
46 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
34 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 ...

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