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New York Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Detective made a arrest without any investigation, then can I bring lawsuit against him ?

In a domestic violence case, Detective arrested me without any investigation. I wasn't even at the place of incident that the complainant claim on his police report. In other word, the police report was completely FALSE, done by my nephew for personal revenge. Indeed, somehow my nephew have... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 24, 2019

As long as the detective was acting as part of his duties, it is unlikely that you can sue him. He had a sworn complaint and acted on it.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for New York on
Q: CAN I SUE POLICE FOR FALSAFYING WARRANTS.

IN 88 I WAS CAUGHT SLEEPING WITH A COPS WIFE. 30 DAYS LATER I WAS RAIDED. 5 DAYS LATER MY WIFE IS SLEEPING WITH THE COP WHICH I SLEPT WITH HIS WIFE. WARRANT WAS SIGNED BY THE COPS DAD. HE WAS A DETCTIVE. I SAT IN JAIL FOR 45 DAYS. CHARGES DROPPED FROM FELONY TO MISD. 8 MONTHS LATER I WAS ARRESTED... Read more »

Gary Kollin
Gary Kollin answered on Nov 9, 2019

First, typing in all capital letter is considered rude. If you believe you are justified, then you should consider the feelings and position of the recipients.

There is no legal avenue to get back in court after so many years

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: What should I do of my neighbor is harassing me because of my autistic child playing in my appartment?

Good evening,

I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: When someone consent to searches asked by an officer, would that be considered as a reasonable search ?
Gary Kollin
Gary Kollin answered on Oct 21, 2019

The issue of reasonable is no longer at issue once there is consent

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.

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