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.

Filter by
Sorted by
Tagged with
0
votes
1answer
104 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 ...
0
votes
2answers
312 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 ...
0
votes
1answer
393 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 ...
0
votes
2answers
98 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 ...
0
votes
1answer
2k 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 - ...
2
votes
1answer
205 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 ...
0
votes
1answer
226 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 ...
-1
votes
1answer
47 views

Register tech startup as a legal business [closed]

Right now I have an an uber like website ready to be launched: you can sign up to be someone who provides a service or someone who uses the service. I am trying to integrate payment using things like ...
1
vote
1answer
431 views

Are lawsuit depositions public record?

Are the video files of recorded depositions for lawsuits by both the plaintiff and defendant(s) public record? and can I make a FOIA request to obtain these video files?
2
votes
1answer
135 views

What are the consquences of the Martin Act?

According to Wikiepedia, New York states's Martin Act gives the New York Attorney General far more power to prosecute securities fraud (usually a Federal crime) than most other states. Does that also ...
0
votes
2answers
272 views

Is this a Title IX violation and if so, to whom can I complain to?

I reported a sexual assault to a public college that I was a student of and the perpetrator was also a student of. The Title IX coordinator only met with me once, did not call any of the witnesses I ...
3
votes
1answer
653 views

Is this a legitimate Title IX investigation or is this an abuse of power by the Title IX coordinator?

I used to be a student at a certain NYC public college, I graduated, and after graduation, I still had access to the school because I was a "research assistant". However I never was paid, nor did I ...
1
vote
1answer
199 views

In a Title IX investigation, does the Coordinator have an obligation to email me questions regarding the investigation?

I have hired a lawyer because my exboyfriend said I'm stalking him after I filed a sexual assault case against him. My sexual assault case was closed, but the Title IX coordinator is asking me about ...
0
votes
1answer
77 views

Guaranteeing One Month worth of Rent

First let me say I have no legal experience... I currently rent from a large property management company on Long Island (NY). About 1.5 years ago, I decided to pay month-to-month since I entered the ...
1
vote
1answer
592 views

If the damages from a lawsuit force the defendant into bankruptcy, are they forgiven?

Say Bob throws a pool party, and because he's secretly homicidal, he decides to poison the pool water, and many of his guests end up in the hospital. He hires a good lawyer to defend him in criminal ...
1
vote
1answer
234 views

How do I reinstate a "lost" birth certificate?

I am attempting to prove my lineage, and need my grandfather's birth certificate. He was born in Bronx, NY, in 1914. My parents did a search for this document in 1997, and got a response that the ...
1
vote
1answer
78 views

NY Lemon law out of state buyers

If one lives in NJ and purchases a car in NYC, by law are they covered under the NYC/any lemon law warranty? (assuming the car miles etc meets the lemon law requirements) I read the NY Attorney ...
0
votes
1answer
61 views

Weather my comments committed coercion in the second degree in NY?

I disputed with my roommate regarding the noise issue. During a dispute, I said "If you keep making noise in the future, I will 1. contact the leasing office for feasible solutions 2. report this case ...
5
votes
1answer
532 views

Getting New York based company to delete my personal information

I registered with Topresume.com and uploaded a copy of my resume. I found their service to be poor and according to the Privacy Policy they may sell information to third parties. Is there any laws in ...
1
vote
2answers
578 views

Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

NY State Constitution Article VI Section 18 (a) reads: [Trial by jury; trial without jury; claims against state] §18. a. Trial by jury is guaranteed as provided in article one of this constitution. ...
6
votes
1answer
2k views

Is it illegal for police officers to delete video evidence of an arrest?

With how common smartphones are these days, many people film encounters with police officers as evidence in case things go wrong. In stories that make the news, occasionally police dashcam videos show ...
2
votes
3answers
196 views

Can I use a workaround I developed to bypass the internet filter at work?

I found a workaround (by writing some code) to bypass the internet filter at work. Is that considered hacking? Or perhaps violating the company's rules. Am I the one to be blamed for finding a ...
12
votes
2answers
2k views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
1
vote
1answer
178 views

Assault in an airplane aisle

Consider the following scenario: A, B, and C are passengers on a single-aisle commercial airplane that is disembarking in New York. A is blocking B from passing. A makes way for C to pass, but C ...
10
votes
1answer
456 views

Law in History: Weapon Law in New York in the 1960s: Long Blades

While researching for a novel, I stumbled about an interesting legal point I can't answer on my own because I neither am a lawyer nor am in the US: Between 1945 and 1951 quite some Katana were ...
3
votes
1answer
1k views

Can I cut down a neighbor's tilted fence that overhangs my yard?

I have a hypothetical question about property rights and structures overhanging the property. In New York state, let's say I have a neighbor with a wooden fence built slightly back from the border ...
2
votes
1answer
998 views

Can I record a phone call made to the office of my congressman or senator?

Suppose I'm not too pleased with my Congressman's stance on an issue, and that I plan on calling his or her office. Is it legal to record a phone call made to the office of my Congressman (or Senator)...
0
votes
1answer
595 views

Filling out an affidavit of personal service

I am filling out an affidavit of personal service, "Form D," found at http://www.sro.nysed.gov/forms/default.html For the most part, the fill-in-the-blanks parts look pretty straightforward. The top ...
1
vote
1answer
64 views

Are US banks required to notify users of debts before passing them to collections?

Say a customer of a large American bank, let's call him Paul, overdrafts on a debit card from said bank, let's call it ABC Bank. There is no notice of an overdraft at the time the money is withdrawn, ...
3
votes
0answers
168 views

What could I be charged with if I went around uprooting "<X> for public office" signs?

This is not something I'm actually doing or thinking about doing; I'm just curious about this slightly absurd hypothetical scenario. Suppose that I get really mad at those signs people stick in their ...
1
vote
2answers
229 views

How to describe harassment by opposing lawyer in hearing?

I was recently involved in a special education impartial hearing. I was pro se. The school district's lawyer harassed me when I was testifying, and one of my expert witnesses, as well, with her body ...
18
votes
3answers
48k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
0
votes
2answers
115 views

How do I take my child's school district to court (NY)?

I received an emailed letter from the superintendent of my child's school district, notifying me that I am prohibited from entering my child's school without a prior appointment. Failure to comply ...
1
vote
1answer
87 views

How is the following law about animal abuse in New York interpreted?

This law of New York says: A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether ...
0
votes
0answers
111 views

Paying with coins in the Massachusetts, California, or New York [duplicate]

Can a private entity in the states of Massachusetts, California, or New York refuse a payment made with coins (e.g., on the ground that they only accept a maximum of X coins)? https://en.wikipedia....
0
votes
2answers
300 views

Were any laws broken in the publishing of Trump's tax returns?

The New York Times have just published what they claim to be part of Donald Trump's tax return. Assuming their claim is true and that Trump and anyone who had legal representation rights for him did ...
15
votes
1answer
17k views

I lost my jury summons, what can I do?

I recieved a jury summons a little while ago. This summons contained information on where to go as well as some paperwork to bring in. The summons was accidentally thrown out by the cleaning service. ...
4
votes
1answer
98 views

Using a tractor/4 wheeler/mower or like as a means of travel with out a drivers license

I find myself in a part of the US (NY Adirondacks) where travelling anywhere requires a vehicle of some kind and yet it is prohibitively expensive to buy, register, insure and maintain a vehicle and ...
0
votes
1answer
52 views

Find the text to a New York law: DASA

I am looking for the text to the Dignity for All Students Act (New York). There have been a couple of amendments and if I can read those too, so much the better. I have looked at half a dozen sites ...
4
votes
1answer
246 views

Does HIPAA require a secondary physician to share results with your primary?

NY state here. If I go to get a second opinion from a physician other than my primary, are there any regulations (HIPAA or otherwise) that require that 2nd physician to share consultation notes/lab ...
3
votes
7answers
2k views

Is this hearsay?

In this situation, the attorney is attempting to find out on direct exam. whether the witness had a conversation with the defendant, who is being sued for securities fraud, about business matters: ...
1
vote
1answer
330 views

When is a subtenant entitled to have their security deposit returned?

Halfway through last year, I subleased my apartment unit and moved to a new location. I received a security deposit equal to the monthly rate paid by my subtenant. My rental company has informed me ...
3
votes
2answers
3k views

Jurisdiction of Texas Rangers in Louisiana?

I understand that Texas Rangers are responsible for killing Bonnie& Clyde in North Louisiana. Is it lawful for a Texas Police Agent to engage a citizen in New York City?
0
votes
1answer
85 views

As a new owner of a motorcycle, how many days can I wait before I purchase auto insurance in New York state?

In the NY State DMV website, I read that vehicle owners must register their vehicles within 180 days of the effective date on their Insurance ID Cards. But how many days can I wait before I get my ...
0
votes
1answer
37 views

Can I legally quit an Inc as a stakeholder

I am a co-founder of an Inc. I registered the corporation in New York a few years ago and now I want to quit it. How do I do so ? Do I also have to fill the DTF-17.1 form before I quit ?
1
vote
1answer
83 views

City Assessor vs Building Permit

I live in NY and went to my local code enforcement office and applied for a permit. I was very up front about everything I planned to do with my home renovation from start to finish. I explained that ...
2
votes
1answer
407 views

What legal visitation rights do grandparents have with their grandchildren?

Upstate NY, USA here. What legal visitation (and other) rights do grandparents have with their minority (< 18) grandchildren? If a parent does not want their child to have a relationship with the ...
1
vote
1answer
168 views

Can a civilian be liable for acting in an unlawful manner under the command of police officer?

For example: It is illegal to lockout a Tenant from a property in which they claim they are residing in without given notice. The Police officer knew for a fact that this tenant was illegally residing ...
3
votes
2answers
2k views

Can one be fired for "not being a good fit"?

NY/USA here if jurisdiction matters. I am employed full-time and am salaried. I have an at-will employment with no special contractual constraints with my employer. Can I lawfully be fired for simply ...
0
votes
1answer
49 views

How do product liability cases work in the US?

Upstate New York (US) here. Say I am a small-time maker of some simple electronics product. The product is tested/certified as being compliant with all applicable consumer safety (EMC, SAR, RF, EM ...