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New York Civil Rights Questions & Answers

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 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 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 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 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 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 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 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 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 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 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. 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 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 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. 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 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...
Read more »

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on

Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

This is about a real estate fraud case ,where a person who had 2 lawsuits against them 1 for fraud sold a building that was not solely theirs to a developer corp,who then used their attorneys to help the person who commited fraud to force a win that ended up hurting the victim of multiple crimes... Read more »

Derek John Soltis answered on Oct 24, 2018

You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.

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Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

We moved here 2 months ago and our kids are doing great in schools. We applied for the vaccine exemptions as we have the last 9 years and we were denied because the school district claims we weren't sincere in our religious beliefs. The system in place to appeal seems extremely legalistic. It feels... Read more »

Michael David Siegel answered on Oct 16, 2018

It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on

Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

I'm being forced to create an online account but i don't want an online "presence". I want to continuing receiving communications (statements, lease renewals, etc) by U.S. 1st class mail to keep all documentation in a physical file, not on a computer( i want a keep a physical paper trail).... Read more »

Elaine Shay answered on Oct 1, 2018

Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on

Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel answered on Sep 27, 2018

No. You are not next of kin.

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