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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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1
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1answer
69 views

Picture of a receipt from a Doctor

I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't ...
1
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1answer
347 views

Lease Terminated, Tenant Has Not Moved Out Yet and Cannot Pay Rent

The lease between me and my tenant expired yesterday and the tenant doesn't want to renew/sign the new lease for another yearly term. The tenant didn't tell me that she was going to move out and not ...
2
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2answers
88 views

How to deal with threats involving suspension of auto license?

I passed through cashless E-ZPass booths several times between New Jersey and New York in December and January. I don't have a monthly pass, but I'm willing to pay the fees. The issue is that I never ...
0
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1answer
39 views

Does prospect of sale price being paid in full determine validity of sale?

I’ve been offered to sell my business to another business in what appears to me as a lease or licensing agreement with royalties, but the contract’s language says “purchase”. In short, the buyer ...
5
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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
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1answer
730 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 ...
0
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1answer
131 views

48 hours to sign a contract

A manager at my company cited a very vague New York law that I'm skeptical about. We can have no more or less than 48 hours to sign an employment contract. Is there any truth to this?
2
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0answers
145 views

How can I legally petition for a home that has been in the family for generations but the deed has another name on it

There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
2
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1answer
297 views

landlord suing me for $5k damage to property. How to prepare (small claims court, White Plains, NY)

The dispute: mold and crack in a common bath tub shared by multiple users. Landlord refuses to return deposit until tenant pay for a replacement of bath tub including professional installation. Signed ...
2
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1answer
747 views

Does tolling apply to the statute of limitations in New York State?

More specifically, for a private unsecured debt with a statute of limitations (SoL) of 6 years in New York State, will the SoL be tolled (paused) if the debtor leaves the state, or the country (or ...
2
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1answer
114 views

Andrew Cuomo suing over the 2018 tax plan

Andrew Cuomo (Governor of New York) is planning on suing over the 2018 tax plan, claiming it to be unconstitutional: https://www.usatoday.com/story/news/nation-now/2018/01/03/cuomo-new-york-sue-over-...
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1answer
80 views

Flying leap from Walsh to Morse

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...
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1answer
68 views

Dissolve a corporation as a minor stakeholder in New York

I am a minor shareholder (control less than 20% of the shares) at a startup that never did any business. It is a C-Corp incorporated in New York under my name. Right now I want to dissolve the ...
1
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3answers
387 views

Are there legal grounds for seeking pre-emptory dismissal of retaliatory law suits?

In some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious nature. For example, recently a photographer sued one ...
1
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0answers
104 views

Am I legally obligated to return a lost iPhone I found? [duplicate]

The other day while biking, I found an iPhone laying on the side of the road. I picked it up, and brought it home with me. I didn't think of it much at the time because I had work to do, and I had to ...
2
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1answer
76 views

How and how long does a person have to cure or “true” a misrepresentation?

Suppose a person writes a check that bounces because the account has "insufficient funds." That would be a misrepresentation (of the person's bank balance). How long does the person have to make the ...
0
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1answer
96 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
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2answers
266 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
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1answer
340 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 ...
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2answers
51 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
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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 - ...
1
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1answer
152 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
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1answer
167 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
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1answer
41 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
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1answer
291 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
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1answer
130 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
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2answers
259 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 ...
2
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1answer
565 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
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1answer
174 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
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1answer
68 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
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1answer
479 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
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1answer
150 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
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1answer
62 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
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1answer
59 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
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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
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1answer
790 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 ...
11
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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 ...
1
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1answer
173 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 ...
6
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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 ...
2
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1answer
733 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 ...
1
vote
1answer
787 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
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1answer
556 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
52 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
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0answers
158 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
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2answers
127 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 ...
16
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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?
0
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2answers
108 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 ...
0
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1answer
78 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
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0answers
75 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
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2answers
267 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 ...