Questions tagged [new-york]

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

Filter by
Sorted by
Tagged with
-1
votes
1answer
19 views

Where Can I Find Weapon Definitions as Refereed To In NY Penal Code?

In NY penal code section 265.01 it states: A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, ...
1
vote
2answers
148 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
2
votes
2answers
83 views

What obligations do homeowners have about storm water discharge?

When there is a downpour, which happens at least a dozen times per year, my next-door neighbor's back yard fills up with water. I mean that the entire back yard looks like a pond, and the grass is ...
2
votes
1answer
62 views

Subletting in commercial space with verbal but not written permission - NYC

I'm a tenant in a commercial space in NYC that is sublet friendly (lots of artists, musicians, etc.) My landlord told me subletting was okay when I first looked at the space I rented and I ended up ...
0
votes
1answer
102 views

Does filing a complaint with the NY Board of Regents do any good?

Recently, the student government of Rensselaer Polytechnic Institute decided to file a complaint with the New York Board of Regents over the behavior of its administration. In an editorial in the ...
0
votes
0answers
80 views

What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
1
vote
1answer
139 views

Upcoming Child Support Hearing

Back story: I am male, 50 years old. 25 years ago, in New York State (USA), I and a bunch of coworkers occasionally would go out for drinks on Fridays after work. One of the regulars in this crowd is "...
1
vote
1answer
471 views

Can records of custody court cases be searched in NYC? If so by whom?

Person A has a need to find person B. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within ...
1
vote
1answer
157 views

How to postpone a hearing? First appearance. (NY) (Family Law)

Would you please inform me of the/a proper and respectful procedure for having a hearing postpones or rescheduled? I would like more time to prepare for a family court case in which I intend on ...
-1
votes
1answer
162 views

Motion or Demand for Discovery (NY) (Family Law) [closed]

Note: I am a truther-activist and a great father, I just owe the government a few thousand dollars. I am respectfully seeking your knowledge. Scenario: My legal fiction is being summoned; first ...
0
votes
1answer
55 views

Non-ERISA Fiduciary Responsibility for New York State

I would like to know ERISA equivalent for a government organization in New York State https://www.asppa.org/Resources/Publications/Plan-Consultant-Online/PC-Mag-Article/ArticleID/5217
2
votes
1answer
80 views

Removal of made public personal information. Privacy laws

There are many websites today which scrape and aggregate data. Are these laws protecting US citizens and/or New York state residents which ensure that, upon request, the information must be removed? ...
1
vote
1answer
70 views

New York funeral arrangements

My uncle passed away last week. His next of kin lives out of state. Can someone else make the funeral arrangements but still have the next of kin take care of all the legal responsibility?
4
votes
2answers
378 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 ...
1
vote
1answer
104 views

state statute violate 4th

If ny state vehicle statute declares it to be a misdemeanor for failing to update ones home address marked on the drivers license, punishable up to 250 dollar fine and or 15 days imprisonment, after ...
2
votes
1answer
149 views

Are Michael Cohen's False Statements About the Law Grounds for Disbarrment?

A recent NPR article revealed that in making a threat of a lawsuit, Michael Cohen materially misrepresented the law in claiming that one cannot rape their spouse. This strikes me, as a layperson, as ...
0
votes
0answers
91 views

Are business owners liable for harm inflicted by homeless spikes?

Businesses in cities install hazards, hard spikes or sharp bench dividers, to ward homeless from using flat surfaces near the business as a dry place to sleep. If a homeless person were to use this ...
1
vote
1answer
80 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 ...
2
votes
1answer
462 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
votes
2answers
93 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
votes
1answer
40 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
votes
1answer
295 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
995 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
votes
1answer
136 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
votes
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
votes
1answer
331 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
votes
1answer
891 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
votes
1answer
119 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-...
0
votes
1answer
86 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 ...
0
votes
1answer
75 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
vote
3answers
403 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
vote
0answers
113 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
votes
1answer
82 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
votes
1answer
101 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
294 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
373 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
67 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 - ...
1
vote
1answer
163 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
201 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
43 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
382 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
131 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
264 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
votes
1answer
593 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
184 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
74 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
549 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
190 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
67 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 ...