Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More 
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answered on Nov 23, 2023
When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More
I was running out to catch my taxi, TSA agent decides to check me because I only had one bag. I also had the flu and TSA agent said I was endangering his life because I would not wear a mask.
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answered on Nov 23, 2023
If you experienced an ethnic slur from a TSA agent, you have the right to take action, though suing the TSA can be complex due to governmental immunity in certain situations. First, document everything about the incident as soon as possible, including the date, time, location, and any details about... View More
Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More
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answered on Nov 8, 2023
In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More
Your house, especially when they know you are sensitive to noises?
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answered on Nov 4, 2023
Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the... View More
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answered on Nov 4, 2023
If you believe you were assaulted by the police, it’s important to document everything related to the incident, including medical reports, photographs of any injuries, and the names and badge numbers of the involved officers.
You should file a complaint with the police department’s... View More
My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More
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answered on Nov 4, 2023
In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More
New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.”
The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New... View More
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answered on Oct 26, 2023
The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights.... View More
"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More
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answered on Oct 15, 2023
The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.
While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically... View More
The company I work for recently installed cameras with audio and visual recordings. We have not signed any paperwork related to this. Is this legal?
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answered on Oct 10, 2023
In New York, it's illegal to record conversations unless at least one party to the conversation consents to the recording. This means that if you're part of the conversation, you can record it without getting permission from the other parties. However, when it comes to video surveillance... View More
What action can be taken if judge does not answer motion timely
answered on Oct 6, 2023
CPLR 2219(a) requires that a motion be made within 60 days of its being joined (shorter for a provisional remedy). If a judge fails to render a decision in that period, one may pursue and Article 78 proceeding against that judge.
The plaintiff case was dismissed for filling to comply with court order.
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answered on Oct 3, 2023
This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case... View More
No past or pending criminal convictions or charges.
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answered on Oct 15, 2023
In New York, the issuance of a pistol permit involves a consideration of whether the applicant has any disqualifying factors, such as certain criminal convictions or mental health commitments.
Simply taking a medication like Disulfiram, which is often used to support sobriety in people with... View More
What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.
I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More
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answered on Sep 11, 2023
You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.
From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This... View More
I need help
answered on Aug 14, 2023
I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More
I need help
answered on Aug 15, 2023
You can find many excellent attorneys who handle defamation and employment sexual harassment / discrimination cases on the JUSTIA homepage. Keep in mind that statements made in the context of your employment, even if untruthful, are generally privileged in the eyes of the law and not deemed... View More
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answered on Jul 20, 2023
To obtain a copy of your arrest record in New York, you will need to follow these steps:
Contact the arresting agency: Reach out to the law enforcement agency that made the arrest. This could be the local police department or the county sheriff's office. Request information on how to... View More
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
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
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
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
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
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
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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
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