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New York Civil Rights Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Civil Rights and Employment Law for New York on
Q: NY - boss told my my co-workers about a medical condition related to pregnancy I told my boss in full confidence
James L. Arrasmith
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answered on Jun 3, 2024

In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More

1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

1 Answer | Asked in Civil Rights and Public Benefits for New York on
Q: Can I place a lawsuit on the shelter I have resided in for two years but was denied assistance

I have been accepted into four different apartment but denied movement by the housing specialist on moving forward with moving in.

James L. Arrasmith
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answered on Jun 3, 2024

You might have grounds to file a lawsuit against the shelter if they have denied you assistance in moving into an apartment despite being accepted into four different places. It is important to gather all relevant documentation, including your acceptance letters from the apartments and any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: Unlawful entry to my home without asking. Police said nothing they could do can I sue
James L. Arrasmith
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answered on May 29, 2024

If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: can I dismiss a case if I called the police and the police already sent paperwork to the court

It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf

James L. Arrasmith
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answered on May 24, 2024

Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will... View More

1 Answer | Asked in Civil Rights and Immigration Law for New York on
Q: How can I withdraw my asylum application in America
James L. Arrasmith
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answered on May 21, 2024

If you are considering withdrawing your asylum application, I would strongly recommend first consulting with an experienced immigration attorney or an accredited representative from a reputable nonprofit organization that assists asylum seekers. They can advise you on the potential ramifications of... View More

4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

James L. Arrasmith
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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Civil Rights and Civil Litigation for New York on
Q: Can I demand reimbursement if a management company tow my car if there is no postings stating visitors not park

No towing company information was posted

James L. Arrasmith
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answered on Apr 10, 2024

If there were no signs posted indicating that visitors could not park in the area where your car was towed, you may have grounds to challenge the towing and seek reimbursement. Here are a few steps you can take:

1. Document the situation: If possible, take photos of the area where your car...
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1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New York on
Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for New York on
Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

James L. Arrasmith
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answered on Apr 6, 2024

If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More

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