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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3
votes
2answers
7k 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?
6
votes
1answer
394 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 ...
2
votes
1answer
59 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 ...
1
vote
1answer
132 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 ...
5
votes
1answer
339 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.
0
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2answers
2k 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.
2
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1answer
59 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 ...
1
vote
0answers
65 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 ...
6
votes
2answers
667 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 ...
9
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2answers
1k 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 ...
3
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4answers
509 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?
1
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0answers
29 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
votes
1answer
757 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 ...
2
votes
2answers
364 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 ...
4
votes
1answer
2k 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
votes
1answer
168 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 ...
1
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0answers
30 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 ...
2
votes
2answers
419 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 ...
4
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 ...
4
votes
1answer
775 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.
1
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2answers
93 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 ...
1
vote
0answers
48 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 ...
3
votes
1answer
750 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 ...
2
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0answers
125 views

In New York, how long does a 16-year-old have to get new working papers?

Say a worker is approaching his 16th birthday. Is there a grace period to get the required new working papers? If not, is it possible to get the new working papers while the person is still 15? How ...
2
votes
1answer
116 views

Can a mayor or a Common Council issue a temporary no trespassing order at an unsafe location?

Related question: How is an area deemed unsafe and needing to be cordoned off? An individual property owner can set up No Trespassing signs at the required intervals, and then law enforcement can ...
4
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2answers
119 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 ...
0
votes
1answer
80 views

How can a municipality discourage and control destructive behavior? [closed]

I live in a town of about 20,000 people, plus a large college student influx in late August, in the state of New York. Not far from my house there is a dam in a creek. Just above the dam, there are ...
2
votes
1answer
237 views

What constitutes legal malpractice? What are the remedies?

A friend of mine was doing business with Company A, and asked a lawyer to draft a contract saying that if Company A failed to perform, my friend would be able to take possession of Asset X (the ...
2
votes
0answers
421 views

Are galvanized pipes allowed in residential water delivery pipes in NYC?

Some residential properties in New York City still have galvanized pipes for the inlet water line. Since heavy metals from the galvanization can leach into the water, this kind of pipe is no longer ...
4
votes
0answers
69 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

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
87 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 ...
4
votes
1answer
274 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 letter,...
4
votes
1answer
346 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
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 ...
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 ...
2
votes
1answer
364 views

How do I go about having a guilty plea withdrawn in New York?

I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....

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