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Results tagged with new-york-state
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user 9517
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York in the United States of America. For questions pertaining to the city use the "new-york-city" tag.
5
votes
How do lawyers determine when the preconditions for a contract have been met?
We hire very good paralegals, explain to them what we are trying to achieve, and let them use common sense and the good organizational skills that got them hired to figure it out.
(Really, I once had …
- 239k
1
vote
Accepted
Filling out an affidavit of personal service
Yes, you write in the name of the person actually served.
Keep in mind that a party to an action (e.g. the Plaintiff) is not allowed to serve process in that case. It must be served by a person eight …
- 239k
2
votes
What are the consquences of the Martin Act?
I would personally dispute the claim that the Martin Act's provisions, per se, are an important factor in what makes NY Attorney General prosecutions under the act more potent than in other states. Mo …
- 239k
1
vote
What constitutes "doing business in a jurisdiction?"
Historically, the threshold for "doing business" for purposes of jurisdiction was been very low. Any regular office or building used for the transaction of business would quality as would any work "di …
- 239k
1
vote
How should defendant respond to summons with endorsed complaint in NY (CPLR)
A summons with an endorsed complaint is a document that combines a summons and a complaint into a single document, rather than having two separate documents, and is normally used in simple debt collec …
- 239k
1
vote
When amending a complaint to include an additional party, is the new party's name included i...
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?
Ordinarily a motion to amend coul …
- 239k
1
vote
Fraud causes of action without reliance
A civil action seeking money damages for fraud requires that someone was injured by the fraud. If no one believed that the fraudulent document was real, then no injury would be caused by it and there …
- 239k
0
votes
Is it legal to sell food stamps in New York?
Others have answered the Food Stamp question.
What about other government benefits? Can they be bought and sold
legally?
This question is really too broad to answer and has different answers o …
- 239k
2
votes
New York funeral arrangements
Anyone who pays for a funeral and/or disposition of remains for a decedent is entitled to reimbursement on a priority basis, ahead of all heirs and all or almost all other creditors, from the decedent …
- 239k
1
vote
Perjury on Petition grounds for dismissal?
Generally speaking, the remedy if the county of residence was misstated would be a motion for change of venue, rather than dismissal or any other sanction. And, if a motion for change of venue was not …
- 239k
2
votes
Accepted
Are teachers required to report student suicidal tendencies in New York?
This is a difficult question that does not have a clear answer.
There is a duty to report suspected child abuse or neglect, but suicidal tendencies don't necessarily flow from either of these causes.
…
- 239k
2
votes
Allowable deductions for security deposit on rental property
An increase in occupancy tax would only be recoverable from the security deposit if the charge is authorized under the lease. The excerpt of the lease provided is not clear enough to determine if that …
- 239k
2
votes
Accepted
Comments on Rafaela Espinal v. New York City Department of Education et al
An appeal, realistically, in New York State, takes more than a year, and often two years to run its course. It could take longer in some cases as there are no firm deadlines for appellate courts to ru …
- 239k
2
votes
Tolling the Statute of Limitations New York
The main grounds for tolling a non-criminal case statute of limitations set forth in statutes in New York State are as follows, which can be found at this link:
NY CPLR § 207. Defendant's absence from …
- 239k
20
votes
If I ask my doctor to order a blood test, can they refuse?
If I go to my doctor's office and request that they order a specific
blood test for me, can they refuse?
Yes.
Is there anything in HIPAA (or other laws) that compels a medical
professional to order …
- 239k