Lawyers, Answer Questions  & Get Points Log In
New York Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for New York on
Q: What can I do if the judge made an order during a conference with no motion before him?

Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.

At the conference, the judge... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for New York on
Q: Transgender was lift up and trew against the floor by a worker on the shelter she was living at send to presbiterian

They put her to sleep did not give her any treatment,her shoulder is out of place and she is a lot of pain ,she need help

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Yes, you should go to the police to report him. Cashing fake checks is a form of fraud and it is illegal. You should also contact your bank and let them know what happened so that they can take any necessary steps to protect your account. It's important to be honest and upfront about the... View More

1 Answer | Asked in Copyright and Civil Rights for New York on
Q: Hi. I downloaded an app facedance and took pic of my coworker and it showed his face dance. Can he sue me for that?

He asked me to send it to him

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

It's unlikely that your coworker could sue you for taking a picture of him using an app, as long as you had his consent to take the picture. However, if he did not give his consent and you took the picture in a place where he had a reasonable expectation of privacy, he may have a case for... View More

2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck

View More Answers

2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

View More Answers

1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for New York on
Q: I am looking for a lawyer for discrimination defamation and racism please 13206
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2023

It might be difficult for attorneys here to reply to you. The format here is only basic Q & A - it doesn't work like an attorney referral service. The closest thing might be the tab above, "Find a Lawyer," which you could use to supplement your own searches. You could search... View More

1 Answer | Asked in Civil Rights for New York on
Q: Can I sue someone for taking my picture in a private space without my permission?

This person then proceeded to send the image to other individuals, again without my consent or permission.

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2022

It's possible you could, from a textbook standpoint. But from a practical standpoint, law firms would ask about the extent of damages. As a possible intentional tort involving invasion of privacy, this is something that some personal injury firms might handle. Keep in mind that such a matter... View More

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for New York on
Q: Is there any way around the statue of limitation in a case of a civil lawsuit?

I want to proceed with a lawsuit against the fostercare agency which represented me during my youth for civil rights violations, financial fraud, as well as theft of services,& emotional psychological distress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2022

A tort statute is typically three years, but that is not the issue. The issue is whether the asker has standing to sue as a plaintiff against a foster care apparatus that included a family court. The answer will be no.

America's government creates problems for which they enact...
View More

1 Answer | Asked in Military Law, Animal / Dog Law and Civil Rights for New York on
Q: can i get my dogs back if im a disabled veteran ptsd 70% and sign a surrender from due to lack of payment for treatment

My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2022

By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I need a civil attorney to represent me in a a lawsuit against CPS in New York State. Seems no one has the experience.
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2022

It's difficult for someone here to respond to your request for an attorney. The format of this forum is more Q & A than attorney referral service. To supplement your own searches, you could try the tab above, "Find a Lawyer." Additionally, the New York State Bar Association has... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant and Municipal Law for New York on
Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction

The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.

First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including...
View More

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for New York on
Q: how do i legally get rid of my car payments?
Carl Nelson
Carl Nelson
answered on Dec 1, 2023

I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More

1 Answer | Asked in Civil Rights for New York on
Q: I used to work with Wendy's and they are not going to pay me, what actions do I need
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

In New York, if your employer refuses to pay you for work completed, you have several avenues for recourse. You can file a wage complaint with the New York State Department of Labor. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

1 Answer | Asked in Civil Rights for New York on
Q: Am I a prohibited person.

Hi, I was wondering about something that happened to me in late 2022 I am a 27-year-old adult My mom called crisis services they came they asked a series of questions which I had answered such as what year it is who's the president, etc was I suicidal. But unfortunately they said that my... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

I have no idea what you mean by a "prohibited person." Basically, if a patient did not make the application to be admitted for observation or otherwise, it is an involuntary commitment or emergency commitment, and can be held up to a differing maximum in each kind of commitment. For... View More

1 Answer | Asked in Civil Rights and Internet Law for New York on
Q: I have been getting threatened online by the same person that keeps making fake accounts.

If possible, could I do anything about it? This person is my EX friend’s boyfriend, and he says he wants to kill me, he is going to stomp me into the ground, he says he put my address online, and he said he has people looking for me. And I’m going to get what’s coming to me soon.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Such a threat to kill may be Aggravated Harassment under NYS law as electronic means are being used. Contact the police and have screen shots ready for them.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I'm being asked to pay for a consultation but im worried.

the individual is advertised as a pro laywer here but I don't know if it's legit.

250 dollars for 30 minutes is rough for me and my limited means. and because i'm in New York and the laywer is in California they say "I do not practice in New York. If the injury or... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

Hiring an attorney can be a personal decision - are you pleased with the person's level of expertise and experience, are they someone you would feel comfortable working with, do you trust them, etc. No one here can make that decision for you.

If the person is someone with who you...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.