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Questions tagged [new-york]

The U.S. state. For questions pertaining only to the city use the new-york-city tag.

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41
votes
4answers
19k views

Is it legal for a supermarket to refuse to sell an adult beer if an adult with them doesn’t have their ID?

Today I went with my dad grocery shopping at a supermarket in New York (ShopRite) and he put a six-pack of beer in the cart. They then wouldn’t let him buy the beer because they couldn’t ID me (21, ...
31
votes
1answer
2k views

Can a website incur liability for linking to a funding campaign for a lawsuit against it?

A large website that hosts user-created content has recently announced that it is redacting links to a fundraising campaign for a lawsuit against it "under direction from [its] legal team." Is there a ...
25
votes
4answers
6k views

Do Legal Documents Require Signing In Standard Pen Colors?

I have a question as to whether or not legal documents signed in non standard pen colors (Anything other than blue or black) are valid. I carry a purple pen around that use for everyday writing tasks,...
20
votes
1answer
5k views

Under which legislation was the NYC travel ban during the Jan 2016 blizzard permitted?

On 23rd January 2016, Gov. Andrew Cuomo announced a travel ban on New York City roads as a safety measure ahead of heavy snow. James O'Neill, NYPD Chief of Department, stated that people violating ...
16
votes
3answers
19k 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?
16
votes
1answer
16k 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. ...
12
votes
2answers
4k views

Does the adultery law in New York affect the person being used to cheat with?

I found a public website regarding this law (New York Penal Law Sec. 255.17 Adultery), this one: https://newyork.public.law/laws/n.y._penal_law_section_255.17 Let's say someone's wife cheats on her ...
11
votes
2answers
1k 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 ...
8
votes
1answer
93 views

Would working for a marijuana distributor remotely from outside of a legal state be open me to criminal charges?

I saw a job opening for a software developer position working in the marijuana industry. This is a job where I would not be directly handling or distributing marijuana. The company would be based in a ...
7
votes
3answers
1k views

How do I properly evict a tenant in NY given these conditions?

I offered a tenant a place to live, gave her the first month free, and started the lease the 2nd month. In the lease she agreed to switch the utilities into her name. She never paid rent and never ...
7
votes
2answers
871 views

Can high schools legally withhold transcripts when a student tries to apply to college?

I graduated a year ago (June 2014) and took a year off to explore the world. Having finished my year, I went to apply to colleges, but my high school refuses to provide the transcript. In my best ...
6
votes
2answers
618 views

How to win against a moving violation ticket that was issued different than what I had allegedly committed?

I was stopped by an officer that claimed I sped over a 30mph speed limit. When he saw that I have a radar detector, he proceeded to "cut me a break" and gave me a ticket for "failed to signal" (but I ...
6
votes
1answer
360 views

How does modern Wall St. work in NYS gambling laws?

The New York State Constitution §9, mostly reprinted below, tightly restricts gambling. The definition, as written by the legislature, is also reprinted below. DraftKings and FanDuel ask players to ...
6
votes
2answers
357 views

Is it likely to win back child support from biological father of a child whose conception was result of extramarital affair?

Situation: A wife of a married couple had extramarital affair As a result, she conceived a child by the male she had affair with The fact that the biological father isn't the husband isn't known to ...
6
votes
1answer
741 views

What's the status of the estate of someone that has been convicted of stealing, and ordered to pay restitution?

Mr. X has been convicted of stealing $1 million, sentenced and ordered to pay restitution. What is the status of his estate under the following scenarios: 1) Mr. X has spent all the money and is ...
6
votes
0answers
162 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 ...
5
votes
1answer
731 views

Could a high school teacher require their students to register to vote in New York?

Suppose that I'm a social studies teacher in a high school in New York state. Odds are good that I'm teaching high school seniors about American history and politics. I want my students to get ...
5
votes
1answer
233 views

Company wants me to sign a general release ASAP. I said no

I got let go today but my company (based in NYC) still owes me money, about $12,000 after tax, roughly. Shortly after letting me go, the company asked me to sign a general release. This, in theory, ...
5
votes
1answer
793 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 ...
5
votes
1answer
191 views

How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en

SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING. In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders ...
5
votes
1answer
176 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 ...
5
votes
1answer
330 views

In small claims court, can I sue for the time I spend putting together my case?

That is the time I spend gathering the necessary documentation and doing other things like filing at the court, going to court, collecting, etc., etc. I would be representing myself obviously.
4
votes
1answer
763 views

Can I keep my last name if I get married?

Can I keep my last name the same if I get married? I don't want to hyphenate it either. Is this possible? Is it a MUST that I change or hyphenate it? I am in New York City, New York.
4
votes
2answers
283 views

Can a city legally force a homeowner to remove their garden?

Hypothetical: a homeowner received a letter in the mail from the city stating that said homeowner is being ordered to keep their lawn mowed such that the lawn did not violate the city ordinance about ...
4
votes
1answer
1k views

Child care exemptions for jury duty in NYS?

New York State (USA) here. I work full time and my wife is a full-time stay at home mom and caretaker for our two children (ages 4 and 6). My wife received a Jury Duty summons and is expected to show ...
4
votes
3answers
2k views

Are NYPD fleet license plates legal?

I've noticed that the NYPD uses some sort of custom fleet license plate such as that seen below. I was able to find this reference that states: No person shall operate, drive or park a motor ...
4
votes
2answers
111 views

How is an area deemed unsafe and needing to be cordoned off?

How is an area deemed unsafe and needing to be cordoned off? Would it be the person at the top of the law enforcement agency (police chief or sheriff) who would make the decision that a particular ...
4
votes
1answer
1k views

Can a repair business sell goods that haven't been picked up for over a year?

A friend has an upholstery shop in Buffalo, NY. A customer brought her a set of seats to re-do more than a year ago. The project was completed and several attempts have been made to contact the ...
4
votes
3answers
2k views

Are traffic signs on private property legally enforceable in Upstate NY?

Upstate NY here. You see them everywhere: private property parking lots (mall parking lots, Lowes/Target/Walmart parking lots, etc.) that have stop signs, handicap parking spaces, double yellow lines.....
4
votes
1answer
262 views

Authority to enforce a law after it expires in New York

Recently, with the hubbub surrounding the expiration of the law authorizing rent control in New York City, Governor Cuomo issued a statement with this content, as quoted in the Daily News. The ...
4
votes
1answer
329 views

Does Florida bankruptcy law apply to second homes?

A New York couple filed for bankruptcy. In New York state, they have to surrender all their assets to the bankruptcy court except for $150,000 each of "exempt" assets. They own a "second" home in ...
4
votes
1answer
87 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 ...
4
votes
0answers
80 views

Can a township be at fault for damaging property?

This involves the neighborhood I grew up in, and where my parents still live. Its a small exurb of NYC. The development my parents live in is about 200 houses at the base of a steep hill. In the past ...
4
votes
0answers
68 views

What licenses and registrations are required to start a home business repackaging food in NY?

I'd like to start a home business repackaging food in New York State in the US. For example, let's say I'm buying 10kg bags of rice from the supermarket and I want to put them into jars each ...
3
votes
2answers
1k 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 ...
3
votes
2answers
339 views

What is the legal status of intimate photos sent to your (now) ex-partner after a break-up?

When I met my now ex-boyfriend, we were both already over 18. I took digital nude pictures of myself and transferred them electronically to him, i. e. I was sexting him. He didn't specifically ask for ...
3
votes
2answers
189 views

Interpreting the 2019 New York Reproductive Health Act?

There has been a lot of discussion about the New York 2019 Reproductive Health Act signed by Governor Cuomo. Under what conditions can a legal abortion be performed under the NY 2019 Reproductive ...
3
votes
2answers
2k views

How does the statute of limitations on defamation work?

My understanding is that defamation has a very short window for a lawsuit, like one year. So suppose a libelous statement was published in a widely circulated journal, call it the New York Times, and ...
3
votes
2answers
2k views

What are the limits of “implied consent” when obtaining a driver's license?

This question comes out of reading this New York Times article (quoted below), about a bill that would allow officers to use a "textalyzer" to digitally search phones for evidence that the phones had ...
3
votes
2answers
4k views

Is it assault to squirt someone with a spray bottle?

Is it considered assault to squirt someone with water from a spray bottle in New York? Can it depend on the outcome?
3
votes
1answer
69 views

Avoiding law suits with product comparisons

Upstate NY here, although this is more an internet-level question w.r.t. law. Also, an initial disclaimer: Although my particular use case does not involve Pepsi in any way/shape/form, I'm going to ...
3
votes
1answer
235 views

Can a lay person help a friend bring a petition of violation of child support to Family Court?

A friend of the family, who only got up to the fifth grade, needs to file a petition for violation for child support in Family Court. I can help her assemble her evidence -- it's pretty simple, it's ...
3
votes
2answers
106 views

Volunteer Labor Union in New York State

In the state of New York, is it legal for a group of volunteers to form a labor union? If not clearly legal, is there anything that prohibits a labor union of volunteers? Clarifing edit I am ...
3
votes
1answer
29 views

If the principal of a power-of-attorney agreement is the agent in another POA, does the first agent have agency towards the last party?

Asking about New York state specifically, but curious about an answer towards any state. In one durable General Power of Attorney agreement: Party A has agency over Party B (A is the agent, B is ...
3
votes
1answer
119 views

Do I have to submit DNA again after first sample failed?

Question (short version): My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample? Background: I was convicted ...
3
votes
1answer
194 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
4answers
485 views

Is it legal to sell food stamps in New York?

Sometimes I see people selling food stamps. Is that legal? What about other government benefits? Can they be bought and sold legally?
3
votes
2answers
1k views

What to do if your car inspection sticker expires?

What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? ...
3
votes
1answer
692 views

Can you be penalized for pleading not guilty if you're found guilty?

If you plead not guilty on a traffic ticket in New York City. If at the court hearing you are found guilty, is it possible for them to penalize you or charge you interest for the time elapsed since ...
3
votes
1answer
81 views

What are the rights of the creditors of “nondischargeable” debts after a bankruptcy?

Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 ...