37

Yes Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that. If you’re uncomfortable with how they do business, don’t deal with them. If they don’t like how you do business, they are free not to deal with you. This is called discrimination. However, it is not unlawful because only ...


31

New York Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied ...


31

The victim of domestic violence is referred to as the complaining witness. Domestic violence arrests will result in a criminal investigation. It is not up to the complaining witness to determine if charges are brought against the one who was arrested - this is up to the prosecutor. Here is a good article at Findlaw that discusses the process. If the ...


20

Yes he can still have a record if he is convicted and yes, they can still go forward if the victim asks to withdraw the complaint. The victim to a crime (any crime, DV especially) can be subpoenaed to testify even if they don't want to. And you're under oath in the event of a trial, subject to the penalties of perjury. You also cannot mislead the police or ...


19

First, be sure you are talking about actual expungement and not just having your record sealed. The terms “expungement” and “sealing” are often used interchangeably, but they are not the same and there are some very important differences. “Sealing” is when the general public no longer possesses the right to search for your criminal records in a background ...


16

The statute reads (emphasis mine): A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Suppose Alvin has sex with Betty while Betty is married to Charlie. Does Alvin's conduct satisfy the elements of the crime? Alvin engaged in sexual ...


13

Yes, you can legally say you were not arrested. The exception is law enforcement and maybe some federal jobs that I do not know about. Employers are not allowed to ask about arrests. The exception is that they can ask about open arrests - arrests that have not resulted in a disposition. Employers can ask if you have been convicted of a crime. You are only ...


13

Fair wear and tear Means the normal deterioration of a property from ordinary, everyday use. Exposure to the elements, time, as well as day to day living can cause fair wear and tear. Breakages as a result of normal use are also wear and tear. Damage is either intentional or a result of usage that is not normal. So, if the closet has failed through normal ...


8

It's not theft, but the donee (recipient) generally is not entitled to keep the ring. A number of states - not all - have so-called "Heart Balm" Laws, which abolish the ability to sue for a breach of a promise to marry. New York State is one of them. However, this does not bar actions for recovery of a chattel, money, or securities transferred in ...


6

Looking at the text of the statute, it is clear that in that case your friend has satisfied the elements put forth. However, there are further issues. One is that courts generally requires crimes to have an element of mens rea, and none is explicitly given in this statute. A court may then infer one, treating the statute as reading "A person is guilty of ...


5

This law regulates employers, and New York City only has jurisdiction over employers in New York City, so this law would not protect residents of New York City seeking employment outside of New York City. Generally speaking, the law of a jurisdiction can only apply to someone who has "personally availed themselves" of the benefits of operating in that ...


5

From NYC website (creed): Creed refers to a set of moral or ethical beliefs and the practices and observances associated with those beliefs. Although creed includes traditional religious beliefs, it also incorporates belief systems that may not be expressed by an organized religious group. Based on the examples shown on the website, it doesn't seem like ...


5

The Board of Estimates still gave small boroughs like Staten Island more representatives per voter than large boroughs like Manhattan. Therefore it violated the one man, one vote principal which is evaluated with respect to all representatives having votes in a body, not just those that hold a majority. The analysis is to take all at large seats that don't ...


5

Both of your question are creatures of contract. Their disclosures when you set up the account (or potentially amended disclosures or terms they've mailed to you subsequently) control both of these questions. They don't have to share the results of their internal investigation against you (they do have to give you proof that the deposit/transfer was ...


4

YES! Everything against you an be dug up nowadays no matter how long ago and even if charges were dismissed. I was falsely accused of DV by a former live-in girlfriend, the charges were dropped in a hearing, but a dozen years later a detective investigating me after defamation by an ex-step-daughter brought it up as a factor in perceptions of me.


4

If there is a contract, Bob is entitled to damages There probably is a contract in this case - the landlord (through their agent) has made an unambiguous offer which Bob has accepted by signing the lease. The contract comes into effect with Bob’s acceptance irrespective of if the landlord has (or ever does) sign it. If the agent has acted without the ...


4

Is there a legal argument to force the father to repay the debt if he is supporting his grown son? No, if you wanted to be paid back by the father, you should have told the adult son to tell his father to ask you for the money. Is there a legal argument to force the father to repay the debt if he is supporting his grown son? No, not unless you can ...


4

Sam Wilson: Found a place in Brookyln yet? Steve Rogers/Captain America: I don't think I can afford a place in Brooklyn. NYC is a very in-demand market, with many apartment-seekers being out-of-state dreamers, or local residents who have realistically been priced out of their own town by gentrification. This demand overloads landlords - ties up a lot of ...


3

Is there a legal argument to force the father to repay the debt if he is supporting his grown son? I suppose you could make that argument in court, but why? The son is an adult and responsible for his debts, not his father. Take the debtor to civil court, and if you get a judgement, the court will order assets seized; and it's possible the father would ...


3

Google is very helpful in this regard. I typed nyc restaurant bath and it suggested nyc restaurant bathroom law, the first result being http://www1.nyc.gov/nyc-resources/service/2360/restaurant-bathroom-requirements. It says: You can make reports about any food establishment with 20 or more seats that has no toilet and was established after 1977. These ...


3

According to New York state law VAT § 1111(d)(4): Unless otherwise directed by a pedestrian-control signal as provided in section eleven hundred twelve, pedestrians facing any steady red signal shall not enter the roadway. VAT § 1112 says they can't enter the intersection when a DON'T WALK (flashing or not) is showing, but can continue if they're already ...


3

Yes, the statute of limitations in New York can toll if a person is out of state for a long period of time. See CVP § 207. Defendant's absence from state or residence under false name: If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes ...


3

The statement "you don't need to put it in writing" is not an instruction, and should not be interpreted as on in lieu of other evidence (e.g. the follow-up question "you don't want to get fired, do you?"). It is, at best, a recognition that your concerns have already been noted (and at worst, a ham-handed threat). In the context of an at-will non-union ...


2

Well, the Chase QuickPay agreement has a paragraph "Termination" that says they can close that service for "any reason": We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Chase QuickPay Service, in whole or part, at any time for any reason without prior notice. The obligations and liabilities of the ...


2

The statute doesn't say much in detail (from the New York State Vehicle and Traffic Law (unfortunately, the site works on javascript, so, you have to navigate by opening the "Laws" menu and then making your way from there): § 1128. Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for ...


2

Not exactly. According to New York's DMV, points only expire when the conviction comes off your record, however for license suspension purposes, they will only look at the last 18 months. You'll have to ask your insurance company how they use points for changing premiums.


2

New York is a "May Issue" state and thus, if you fill out all the proper paperwork and are cleared by all the proper legal hurdles, the permit may still not be issued for any reason the state feels is necessary (as opposed to "shall issues" which mandate permit approval with no additional hurdles). NYC is one of the most restrictive areas in the U.S. for ...


2

is it strictly legal to suggest or instruct employees not to put contract concerns in writing? Only on the surface, or by itself. The COO's direction has the appearance of lawful way of handling objections when negotiating generally any contract. However, in the employment context you describe, the COO's direction seems ultimately pursuant to conduct which ...


2

Person 2 should not be scared of using the law. You haven't said where you are, but the basic principles, especially at the small claims level, are fairly universal. Before anyone can sue you they need to write a formal letter telling you what you owe and why you owe it. At that point you can just hand over the money and be done. Or you can write back and ...


1

The cops don't necessarily have to give you the video footage, the prosecuting attorney does. You are entitled to discovery before a trial of any exonerating evidence. The district attorney must furnish all evidence to you if it exists before trial and the cops may not supress it. You need to make a demand for discovery but the particulars of this process ...


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