My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?
answered on Dec 4, 2023
New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More 
The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More
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answered on Dec 5, 2023
In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.
First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including... View More
answered on Dec 1, 2023
I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More
Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child
answered on Nov 27, 2023
No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More
It's violating my privacy and has basically told her where I now live
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answered on Nov 25, 2023
If your ex-wife is using the "Shop app" to track shipments to your new address, it's important to address this privacy concern. Firstly, contact the app's customer service to explain the situation and request that they stop sharing your shipping information. They may have... View More
I was running out to catch my taxi, TSA agent decides to check me because I only had one bag. I also had the flu and TSA agent said I was endangering his life because I would not wear a mask.
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answered on Nov 23, 2023
If you experienced an ethnic slur from a TSA agent, you have the right to take action, though suing the TSA can be complex due to governmental immunity in certain situations. First, document everything about the incident as soon as possible, including the date, time, location, and any details about... View More
Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More
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answered on Nov 23, 2023
When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More
Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More
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answered on Nov 8, 2023
In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More
My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More
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answered on Nov 4, 2023
In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More
New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.”
The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New... View More
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answered on Oct 26, 2023
The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights.... View More
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answered on Oct 19, 2023
In New York, if your employer refuses to pay you for work completed, you have several avenues for recourse. You can file a wage complaint with the New York State Department of Labor. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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answered on Nov 4, 2023
If you believe you were assaulted by the police, it’s important to document everything related to the incident, including medical reports, photographs of any injuries, and the names and badge numbers of the involved officers.
You should file a complaint with the police department’s... View More
Judge, Court Clerk and Attorneys/Landlords NYS
answered on Oct 11, 2023
You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.
The company I work for recently installed cameras with audio and visual recordings. We have not signed any paperwork related to this. Is this legal?
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answered on Oct 10, 2023
In New York, it's illegal to record conversations unless at least one party to the conversation consents to the recording. This means that if you're part of the conversation, you can record it without getting permission from the other parties. However, when it comes to video surveillance... View More
Your house, especially when they know you are sensitive to noises?
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answered on Nov 4, 2023
Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the... View More
What action can be taken if judge does not answer motion timely
answered on Oct 6, 2023
CPLR 2219(a) requires that a motion be made within 60 days of its being joined (shorter for a provisional remedy). If a judge fails to render a decision in that period, one may pursue and Article 78 proceeding against that judge.
The plaintiff case was dismissed for filling to comply with court order.
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answered on Oct 3, 2023
This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case... View More
"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More
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answered on Oct 15, 2023
The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.
While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically... View More
No past or pending criminal convictions or charges.
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answered on Oct 15, 2023
In New York, the issuance of a pistol permit involves a consideration of whether the applicant has any disqualifying factors, such as certain criminal convictions or mental health commitments.
Simply taking a medication like Disulfiram, which is often used to support sobriety in people with... View More
Hi, I was wondering about something that happened to me in late 2022 I am a 27-year-old adult My mom called crisis services they came they asked a series of questions which I had answered such as what year it is who's the president, etc was I suicidal. But unfortunately they said that my... View More
answered on Sep 19, 2023
I have no idea what you mean by a "prohibited person." Basically, if a patient did not make the application to be admitted for observation or otherwise, it is an involuntary commitment or emergency commitment, and can be held up to a differing maximum in each kind of commitment. For... View More
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