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New York Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for New York on
Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

James L. Arrasmith
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answered on Apr 6, 2024

If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: NYSP had vehicle involved in fatal MVA taken to impound 36 miles away, instead of 2 miles. Who pays $900 bill?

Boyfriend/driver was found with drug paraphranalia while being transferred to hospital. Troopers got court order for blood test. My daughter (owner/passenger) was killed. Bill was for towing to NYSP impound, rather than local shop nearby.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, here is a summary of the key considerations around who pays the $900 impound bill:

- As the registered owner of the vehicle, your daughter's estate would likely be considered responsible for the accrued impound fees. However, fault in the accident...
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1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

2 Answers | Asked in Criminal Law and Municipal Law for New York on
Q: What if they are is an investigation car parked somewhat outside of your house what would that indicate?
James L. Arrasmith
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answered on Jan 29, 2024

If you notice an investigation car parked outside your house, it could indicate several possibilities. It may mean that law enforcement is conducting surveillance or an investigation in the vicinity, which could involve your property or a neighboring area.

It's important to remember...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: I work in Herkimer County NY as a Peace Officer. Can I work as a bartender-serving alcohol in Oneida County NY?
T. Augustus Claus
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answered on Jan 4, 2024

Whether you can work as a bartender serving alcohol in Oneida County, NY, while employed as a Peace Officer in Herkimer County, depends on the specific rules and regulations governing Peace Officers' secondary employment and any potential conflicts of interest. It is advisable to consult your... View More

2 Answers | Asked in Traffic Tickets and Municipal Law for New York on
Q: How long should a bus have yellows on before a stop?

Had a bus coming towards me in a 45 zone. At this time he was about 150ft away from me, he turned his yellows on like 30ft from his stop. And when he came to his stop I was like 20ft in front of him. He then waited for me to get right up to him to flip his reds.

James L. Arrasmith
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answered on Jan 4, 2024

The timing for when a bus activates its yellow warning lights before stopping varies depending on local laws and regulations. Generally, these lights are meant to alert motorists that the bus is preparing to stop to either pick up or drop off passengers.

In your situation, the bus...
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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
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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...
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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

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 6, 2023

Dear Brooklyn Landlord:

I guess that is one of the problems with using the NYC Sheriff [https://www.nyc.gov/site/finance/about/bios/anthony-miranda.page] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook,...
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1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for New York on
Q: Can you live in a tent on private land in monroe county new york?
T. Augustus Claus
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answered on Nov 30, 2023

In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More

2 Answers | Asked in Municipal Law for New York on
Q: How do we get our municipality, the town of Greenburgh, to repair the sewer line so that sewage does enter our home?
T. Augustus Claus
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answered on Nov 16, 2023

Inform the DPW about the sewage backup problem and request their assistance in repairing the sewer line. They should be able to provide you with a timeline for when they can inspect and address the issue

Keep a detailed record of the sewage backup incidents, including dates, times, and any...
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1 Answer | Asked in Family Law and Municipal Law for New York on
Q: Is it legal to change my name more than once at a New York City court?

I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen.

I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name... View More

James L. Arrasmith
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answered on Nov 8, 2023

Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by... View More

2 Answers | Asked in Personal Injury and Municipal Law for New York on
Q: how long and wide are hotel stairs supposed to be?

Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More

James L. Arrasmith
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answered on Nov 5, 2023

Building codes, which vary by jurisdiction, generally dictate the dimensions and safety standards for staircases in public buildings, including hotels. In many areas, the International Building Code (IBC) is used as a guideline, which prescribes specific measurements for riser heights and tread... View More

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2 Answers | Asked in Personal Injury and Municipal Law for New York on
Q: how long and wide are hotel stairs supposed to be?

Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 19, 2023

Sorry to hear what happened to you. I am unaware of there being any Code requirements as to the maximum width of an interior staircase (they have to be at least 36" wide). With regard to staircases in NYC, the riser height can be no higher than 7". Tread depth can be no greater than... View More

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1 Answer | Asked in Car Accidents and Municipal Law for New York on
Q: Can a towing hold your vehicle without your authorization? Non licensed motorist hit my car and the PO had it towed. NYS
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

If your vehicle was damaged as a result of the crash and was not drivable afterwards, then the police would certainly be authorized to tow it. It will remain impounded until such time as you pay the towing fee. Here's something I found online which you might find helpful,... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Q: I have trees forming a very tall hedge in front of my house. Code enforcement says it block my address number.

If you are in front of the driveway opening it is visible looking from the street, but anywhere else you wouldn't be able to see the house numbers. I want the privacy. The trees are 10-20 ft tall. Can the city make cut them down in height? I'm in Syracuse, NY.

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Dear Syracuse Home Owner:

It would help if you provided the section of the e-code with the violation cited by the inspector. There are many reasons to make a house number visible from the road before driving past the driveway, especially for emergency vehicles looking for your house in the dark.

1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Aren't each township in each state supposed to inform the drivers that there is a school nearby by displaying signs?
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

In New York State, guidelines for displaying signs in school zones are found in NYS DOT regulations. See the link...... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Municipal Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Municipal Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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