New York Civil Rights Questions & Answers

Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.

1 Answer | Asked in Sexual Harassment, Civil Rights and Libel & Slander for New York on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.

Q: Can the police tow my car after i showed them that i had insurance and they didn’t care?

1 Answer | Asked in Car Accidents and Civil Rights for New York on
Answered on Mar 18, 2019
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Civil Rights, Constitutional Law and Estate Planning for New York on
Answered on Feb 5, 2019
Michael David Siegel's answer
None. He never owned the car, and he knew it since he had no title.

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

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Feb 5, 2019
V. Jonas Urba's answer
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 employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...

Q: regarding false arrest

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
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 analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: My friends landlord has been infringing on her rights as a tenant, and the house is unlivable.

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Answered on Feb 1, 2019
Elaine Shay's answer
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.

Q: Excuse me?

2 Answers | Asked in Consumer Law, Civil Rights and Landlord - Tenant for New York on
Answered on Jan 31, 2019
Elaine Shay's answer
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 papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.

Q: is it a law that police must provide a judge signed warrant during a home raid if the resident requests to see one?

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
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 about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of...

Q: Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Answered on Dec 19, 2018
Charles Joseph's answer
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 is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar...

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

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Answered on Oct 24, 2018
Derek John Soltis' answer
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.

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

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law for New York on
Answered on Oct 16, 2018
Michael David Siegel's answer
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.

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

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on
Answered on Oct 1, 2018
Elaine Shay's answer
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

https://www1.nyc.gov/site/nycha/about/press/pr-2017/nextgen-up-close-20170901.page

Q: Hey, do you have any idea of where I can find the original HIV criminalization laws from the 1980's?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for New York on
Answered on Sep 12, 2018
Timur Akpinar's answer
One place where you could start your research for your school project is the website for the Center for HIV Law and Policy, 65 Broadway, Suite 832, New York, NY 10006. Their website URL is https://www.hivlawandpolicy.org/states/new-york.

Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Aug 29, 2018
V. Jonas Urba's answer
I doubt that anyone will be able to answer your question.

You don't want to post details about medical issues on a public forum.

Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your husband. Then the lawyer spends time reviewing, sometimes, voluminous documents. Then the lawyer and potential client discuss time frames, costs, expenses, fees, etc...

Your husband should...

Q: How long ussually a case take after fillings

2 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Rights for New York on
Answered on Aug 10, 2018
Peter Briskin's answer
This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery...

Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Answered on Aug 8, 2018
Michael David Siegel's answer
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

Q: Can I sue Landlord and management of development I live in for violating rights and for petty bouts of retaliation

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Answered on Jul 20, 2018
Derek John Soltis' answer
The simple answer is YES. You can sue any one for anything you want. But, the real question or questions are: Will you win? Or, can you afford to sue? If you are suing for less than $5000 in damages, what attorney will take your case? The sad think about the American court system is that most people are priced out from suing when the damages are small as they are forced to do it themselves, which can make the process untenable. You should talk to legal aid if you cannot find an attorney to...

Q: Can I file a discrimination case against a company if a manger made a racist statement calling me Sammy Davis Jr?

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Answered on Jul 6, 2018
Emre Polat Esq.'s answer
That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.

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