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New York Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is it permissible for an owner to be present when there is a search warrant for his van.

The police searched my van once with my consent then I refused for the 2nd time because I didn't trust them. They told me they didn't search t&e van, they lied. They said they were going to get a search warrant yesterday. One officer told me that I can be present during the search. Today the... Read more »

Arslan Abid
Arslan Abid answered on Sep 18, 2019

Search is always commensed before two witnesses of vacinity and in the end a list of items is prepared for the record it is not essential that the owner must be present. Laws may differ in different countries. But basic principal is same. For more details you must contact local lawyer.

1 Answer | Asked in Traffic Tickets and Civil Rights for New York on
Q: I went to court in 2000 for a moving violation that I know it wasn't me. ticket was from 1998.

a police officer happens to be in building and showed up at court. he asked me if it's possible that the ruben Lopez which is me , got this ticket.. I said its impossible, because I never got stopped by any black police officer in my life.. this cop lied and he knows it and I know it, anyway judge... Read more »

Zev Goldstein
Zev Goldstein answered on Sep 4, 2019

Sounds like he said she said. The officer says they gave you the ticket, and the judge believed the officer, and found you guilty. If you have a warrant, that means there is probably a criminal charge issued as well for driving suspended. If you cannot afford a attorney, you may be eligible for a... Read more »

1 Answer | Asked in Civil Rights, Medical Malpractice and Small Claims for New York on
Q: what legal actions can I take against this medical office

I've went to this medical office about once or twice.Due to the unprofessional, and unethical practices, I decided I won't be coming back. That was about a year ago. However despite constantly communicating with the front desk, They keep calling and harassing me since then for appointments I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

You cannot sue them. It is possible that if you are in a program that requires attendance at a doctors office they are calling you for that reason.

As to whether they are billing you or someone else, check your explations of benefits.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Rights for New York on
Q: Is it law for tenant to receive both certified mail and regular mail letters notices twice a month from landlord/agent?

Two letters about notice to tenant of failure to receive rent payment and late rent notice.

Gary Kollin
Gary Kollin answered on Aug 31, 2019

There is nothing that prevents ut

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for New York on
Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now

My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 26, 2019

Within reason it is always advisable to cooperate with CPS

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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin
Gary Kollin answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

1 Answer | Asked in Consumer Law and Civil Rights for New York on
Q: Hello can i sue for someone getting an unauthorized credit report saying i had applied for an auto loan ?

Sue the company who made the hard inquiry

Gary Kollin
Gary Kollin answered on Aug 13, 2019

sue who?

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on
Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay
Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Federal Crimes for New York on
Q: What did you major in for your BA/BS? Was it a BA or BS? When did you know you wanted to be a lawyer?

I just switched my education path to Political Science and wondering where I can take it

Gary Kollin
Gary Kollin answered on Jul 7, 2019

This not a legal question

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2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on
Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing
Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

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1 Answer | Asked in Civil Rights, Identity Theft, Personal Injury and Real Estate Law for New York on
Q: We won judgement that it is not plaintiffs house. Fatally defective paperwork and no monetary exchange.

Plaintiff put her name on our house eight months later after stealing all of our worldly possessions.Recently put a fence up that i can't enter my own property. Notary public papers i was not privy to seeing. Removed by police i was!!!!!

Elaine Shay
Elaine Shay answered on May 11, 2019

There appears to be a lot more to your story than you have been able to post here. It would probably be necessary to sit down with an attorney and take the time to fully explain your situation to receive meaningful advice.

1 Answer | Asked in Sexual Harassment, Civil Rights and Libel & Slander for New York on
Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.

I served on the board of directors as vice president I was thrown off the board by the false allegation and now my name is being tarnished in the community. I need to speak with someone in regards to my rights and what i can do legally.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.

1 Answer | Asked in Car Accidents and Civil Rights for New York on
Q: Can the police tow my car after i showed them that i had insurance and they didn’t care?

Police towed my car and gave me 4 tickets after i showed them proof of my insurance cards on my cell phone they even took my license plates

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Not clear why they took the plates. You may have a claim but get the car out of storage before you get more charges. Then you have to file a claim under the NYState Tort Claims act with the police. However most statutes say YOU have to produce the insurance card, not a photo on a phone.

1 Answer | Asked in Civil Rights, Constitutional Law and Estate Planning for New York on
Q: My father inherited a car from my uncle who died. He tried to get it titled and DMV came to house & police repossessed i

Car was bought for $4000 and there was a another witness when transaction took place, but when my uncle died his fiance couldn't find the title. Married woman was selling car and it turns out she was getting divorced and it was not going well. When husband found out apparently he reported car as... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 5, 2019

None. He never owned the car, and he knew it since he had no title.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

When I asked to see the video proof on camera, she refused to show me

V. Jonas Urba
V. Jonas Urba answered on Feb 5, 2019

You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: regarding false arrest

i was wrongly accused by a neighbor and falsely arrested, i have that neighbor on camera falsely calling 911 even though the cases have been dismissed they continue to threat me. i want to sue so they can at least stop targetting me, 1-how can i get the police to investigate because i walk around... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Q: My friends landlord has been infringing on her rights as a tenant, and the house is unlivable.

She has been opening her mail, intercepting calls, and has asked her on multiple occasions to clean up the house. She has done so because She didn’t mind, but the House is infested with bugs and vermin, the heating has been broken with no fix in sight for several months, and she has been... Read more »

Elaine Shay
Elaine Shay answered on Feb 1, 2019

In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.

2 Answers | Asked in Consumer Law, Civil Rights and Landlord - Tenant for New York on
Q: Excuse me?

Yes I have been renting out a room from a lady for awhile now and now due to us not getting along she wants to kick me out.. I agreed to it but her terms are too harsh she hasn’t given me time to move out and now she is telling me that she can file a restraining order upon me if I don’t leave... Read more »

Elaine Shay
Elaine Shay answered on Jan 31, 2019

In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: is it a law that police must provide a judge signed warrant during a home raid if the resident requests to see one?

can police smash open a locked reinforced safe without a warrant to do so?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

Absent extreme circumstances such as imminent public safety threats, a signed warrant would be needed for such a search. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more... Read more »

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Q: Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment

I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment against people of color. The FDNY has been able to continue this behavior for over 150 years with little resistant. Due to the previous lawsuits that lasted several years I have had one time... Read more »

Charles Joseph
Charles Joseph answered on Dec 19, 2018

Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.

This response is not legal advice, but...
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