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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1answer
33 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 ...
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1answer
191 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 ...
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1answer
278 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 ...
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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?
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1answer
73 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 ...
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1answer
36 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 ?
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1answer
72 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
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1answer
340 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 ...
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1answer
120 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 ...
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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 ...
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1answer
34 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 ...
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2answers
6k views

Is it Illegal to own operate a hoverboard in New York State?

Some states have strict laws on hoverboards. Is anyone familiar with how this is handled in New York State? Is it illegal to ride a hoverboard in the public parks or on bike lanes of public roads ...
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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 ...
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2answers
92 views

How to protect against claims of joint corporate ownership during a divorce?

I am (happily!) married. But I am also a software engineer, and as such, try to consider every possible path of events ahead of time. I am about to start a Nevada-based LLC, although the company will ...
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2answers
125 views

Is it illegal to record boss verbal assault in New York

Is it illegal for an individual to record a boss yelling and using profanity at him?
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1answer
65 views

Used car, private sale - seller risk?

My brother once sold a used motorcycle. Years later, it turned out the buyer had never registered/titled it, and my brother was responsible for the abandoned vehicle costs. I now want to sell an ...
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2answers
547 views

Can a domestic partner evict someone even though all home utilities are in her name?

Can a female domestic partner be evicted by male in the household if she pays all utilities for household?
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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 ...
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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.....
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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 ...
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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 ...
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1answer
901 views

Does “Roommate Law” apply to Mitchell Lama apartments in NYC

New York State has a law that says that landlords cannot prevent tenants from having a roommate. http://codes.findlaw.com/ny/real-property-law/rpp-sect-235-f.html Does this apply to the Mitchell ...
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3answers
91 views

What if a board can't agree on a slate to propose for election at its annual membership meeting?

A nonprofit (New York State 501c3) that I'm involved with has a Board of Directors that has recently erupted in conflict. The annual membership meeting is coming up and it appears that no majority of ...
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2answers
123 views

Taking a mid-size company to small claims court, by example (in NY)

Upstate NY here. I believe I am in the right to take a company to small claims court (for the sake of this question, it doesn't matter if I'm right or not). This company is registered as a 'Foreign ...
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1answer
934 views

Non-custodial parent fails to exercise visitation — what can custodial parent do (NY)?

I have a friend, ten years old, who is going nuts because his father has rejected him entirely since he lost shared custody. But my friend sees his father around town, and this constantly reopens the ...
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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 ...
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1answer
37 views

Checklist of filings and procedures for ongoing operation of a 'barebones' LLC in NY?

Please note: I fully understand that using a lawyer or a legal service is highly advised here. Duly noted! But, I think I'm more than capable of handling this, and if you strongly disagree, please ...
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1answer
43 views

Exact minimal steps to forming an LLC in NYS?

I'm a software developer that (finally) has a working prototype of an app that I've been moonlighting with. I'm about 4 months out from having it 'market ready' and would like to form a 'barebones LLC'...
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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?
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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 ...
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1answer
57 views

Does NY State have a cap of seven casinos?

According to Ars Technica's quote of the NY Constitution, it states in part: [E]xcept as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other ...
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1answer
126 views

Can you take unpaid FMLA leave after already taking a paid leave?

New York State (upstate, if it makes a difference) here. My son was born this past March (2015) and I took a paid two-week leave of absence. I work long hours and over the past 8 months I haven't had ...
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1answer
328 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.
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1k views

Can I sue my gym for over charging me?

They have refused to correct the mistake. I have asked them about 3 times and finally given up and just cancelled my membership.
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1answer
50 views

Laws affecting local government in New York State

I've looked online for the answer to this, but I keep coming up with contradictory or ambiguous information. In the Consolidated Laws enacted by the New York State Legislature which apply to local ...
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0answers
62 views

Where would I report a case of international financial fraud?

If I were confronted with a case of financial fraud in the United States, I would report it to a U.S. law enforcement agency, probably the FBI, or maybe the SEC. But to whom would I report an ...
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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 ...
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2answers
869 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 ...
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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?
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0answers
28 views

What rights does a lender/loan purchaser lose by being negligent?

A lender wrote a mortgage on a house that was defaulted. The lender waited for several years before foreclosing, instead of acting, say, after 90 days. Shortly thereafter, the borrower declared ...
6
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1answer
738 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 ...
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2answers
346 views

Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the ...
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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 ...
2
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1answer
166 views

College tuition includes room and board, what happens with child support?

If New York State declares that college tuition includes room and board, how does that affect child support while the kid is not living at home while at college? This is child-support from the ...
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0answers
29 views

Do you have to list ingredients in a food takeout business in New York State?

My wife just opened a food takeout business in New York State. She sells coffee, sandwiches, salads, pastas, danishes, and the like. Some of the products, for example some salads, pastas, sandwiches ...
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2answers
341 views

How does “apparent authority” work for a company's directors?

An employee or agent of a company has apparent authority to transact on behalf of the company if his function or standing with the company will lead a reasonable person to believe that the company ...
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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 ...
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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.
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2answers
89 views

need terminology for visitation matter

I am a volunteer translator-advocate for a friend. Her son used to have shared custody, but a couple of months ago, my friend went to family court to change this. Now my friend has custody but the ...
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0answers
47 views

Question about NYPD regulations

I have heard this from 3 people now and I am trying to find the law being used. In the NYC Transit system, if a party is even questioned by NYPD (something happens where they call in your drivers ...