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
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
239 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 ...
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1answer
1k 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 ...
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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 ...
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1answer
175 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 ...
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0answers
180 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 ...
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1answer
861 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 ...
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1answer
829 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)...
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1answer
578 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 ...
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1answer
53 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, ...
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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 ...
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2answers
150 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 ...
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3answers
25k 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?
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2answers
109 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 ...
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1answer
81 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 ...
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0answers
90 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....
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2answers
272 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 ...
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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
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1answer
92 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 ...
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1answer
38 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
209 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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7answers
1k 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: ...
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1answer
308 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
77 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 ...
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1answer
368 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
133 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
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 ...
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1answer
36 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
231 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
127 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
72 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
599 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
399 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 ...
3
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1answer
74 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
990 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
103 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
126 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
1k 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 ...
3
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1answer
253 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
40 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
46 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
6k 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
388 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 ...