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New York Communications Law Questions & Answers
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 Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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2 Answers | Asked in Communications Law for New York on
Q: Is a judge allowed to hear everything me and My lawyer discuss in court

And did it give me a unfair hearing? If so what can I do about it

James L. Arrasmith
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answered on Oct 28, 2023

No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where... View More

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2 Answers | Asked in Communications Law for New York on
Q: Is a judge allowed to hear everything me and My lawyer discuss in court
James L. Arrasmith
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answered on Oct 28, 2023

No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where... View More

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2 Answers | Asked in Consumer Law, Communications Law and Constitutional Law for New York on
Q: My hair stylist uses a camera w/audio in his hair salon. There is no notice. Is this legal in NY? I expect privacy?

The owner of my hair salon in NY uses a ring doorbell type camera in his salon. He claims it has the ability to zoom and has audio. He does not mention this to you and there is no posted notice. He only brings it up when you have an issue with your hair. He said "I only use it for liars and... View More

James L. Arrasmith
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answered on Oct 26, 2023

In New York, it's generally legal to video record in public places where there's no reasonable expectation of privacy. However, the audio recording is more restrictive. Under New York Penal Law § 250.00, it's a "one-party consent" state, meaning at least one party in the... View More

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1 Answer | Asked in Communications Law, Education Law and Libel & Slander for New York on
Q: UK University sent email offers due to "technical glitch". Students have major exams at same time. Offer was retracted

After this email was sent to students at an already distressing period, they simply said sorry and said to put measures in place - no plan for that communicated as of this moment, and nothing said to look out for. Those who received the offer received them after the "glitch" and of course... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

I'm sorry your question remains open for two weeks. It looks like this takes place in the UK, and this Q & A forum deals mainly with U.S. laws and courts. But as a general matter, the type of case you describe sounds difficult. While your frustration is understandable, the element of... View More

1 Answer | Asked in Consumer Law, Communications Law and Internet Law for New York on
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?

My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 18, 2023

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 30, 2022

Your father could file a petition on your behalf or if you’re 18 you could file a petition

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... View More

1 Answer | Asked in Business Law, Communications Law and Internet Law for New York on
Q: Can I post a video from a national morning show on my company social media channels?
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2020

You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... View More

Elaine Shay
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Elaine Shay
answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of... View More

1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on
Q: Telecom disconnects service without notice.

My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?

Jonathan David Warner
Jonathan David Warner
answered on Feb 14, 2019

If the bill was not paid, they have the right to disconnect.

Good luck.

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... View More

Elaine Shay
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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... View More

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Q: Using Magazine and Newspaper covers on my website.

Hello! I was wondering if it would be fair use to include magazine and newspapers covers along with their logos in a "Print Advertising" section of an Ad agency's website? The covers will be placed in magazine and newspaper mockups in a digitally made-belief home setting next to... View More

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2018

You cannot do it. The logos and designs of newspapers are copyrighted.

1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

He started to threaten me when we broke up, it happened multiple times, and after each time he said he deleted my pictures.

I don't know if he still has them or not, what can I do if I find out he leaked them?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2018

My recommendation: hire a Florida attorney to discuss the issue, and write your former boyfriend a letter. If he is trying to obtain something from you under threat of releasing the photos, the local district attorney may also be interested and perhaps able to help.

1 Answer | Asked in Wrongful Death and Communications Law for New York on
Q: Can a video of a attack be found in a area that happened a year ago through DVR
Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Depends if there was a camera there.However because of the amount of storage space video takes, Usually the video is removed after 36-50 hours.

1 Answer | Asked in Communications Law for New York on
Q: My face appeared on a news story about a crime I did not commit and wasn't even accused of committing. I assume it was

just an error on the news channel's part, but the damage has been done and it's already been aired. Do I have any recourse?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 29, 2017

You may be able to sue for libel/ slander, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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