New York Municipal Law Questions & Answers

Q: If an individual travereses on frozen water, do they do so at their own risk?

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Answered on Feb 4, 2019
Peter Munsing's answer
First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.

I fyou are trying...

Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold

1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Answered on Sep 21, 2018
Michael David Siegel's answer
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.

Q: Why aren't public unions covered under the LMRDA?

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Answered on Aug 31, 2018
V. Jonas Urba's answer
I think the more important question is how long might labor unions continue to exist in the form we knew them to be?

A big part of society seems to be rebelling against laws and rules. Sort of like the "let those who ride decide" movement opposing motorcycle helmets years ago.

There are costs to laws and rules and to not having laws and rules.

When we make it an extreme challenge to fire someone we have to expect that creative managers and unions will figure out how to...

Q: My neighbor has verbally threatened to make false child abuse allegations because I made a complaint abt her dog.

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant, Libel & Slander and Municipal Law for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
You can report the noise to the police and the landlord. If they defame you, you can sue for that. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: Will I have to pay the fine on the day of the court day for my pink summons?

1 Answer | Asked in Municipal Law for New York on
Answered on Jul 14, 2017
Ali Shahrestani, Esq.'s answer
You may choose to pay the fine, if you want. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: Can a person hold positions as both a firefighter/police officer, and a member of a school board?

1 Answer | Asked in Education Law and Municipal Law for New York on
Answered on Jun 9, 2017
Ali Shahrestani, Esq.'s answer
I see no reason why not. 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 appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: Is it legal in New York City to be nude on private property?

1 Answer | Asked in Criminal Law and Municipal Law for New York on
Answered on Jun 8, 2017
Ali Shahrestani, Esq.'s answer
It depends on what is visible to neighbors or passersby, of course. 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 appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: Can my local town force me to put my electric service wires underground

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Answered on Feb 27, 2017
Ali Shahrestani, Esq.'s answer
Yes, based on various public utilities and construction laws. 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 appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: I am 17 and joined a semi porn site (18-up.) Met a guy and in confidentiality told him I was 17 almost 18.

1 Answer | Asked in Family Law, International Law, Juvenile Law and Municipal Law for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
You may have violated the Terms of Use of the site, which may be considered fraud and breach of contract. 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 appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: Chapter 605, Laws of the State of New York of 1959, Section 103-A of the General Municipal Law need info

1 Answer | Asked in Municipal Law for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
I see no question here. 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 appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...

Q: Is it illegal to live alone in New York City without a source of income?

1 Answer | Asked in Municipal Law and Public Benefits for New York on
Answered on Jan 31, 2017
Ali Shahrestani, Esq.'s answer
I've heard of no such law. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

Q: Can a mayor be appointed if position is available in a current term

1 Answer | Asked in Municipal Law for New York on
Answered on Jan 26, 2017
Barry Eran Janay's answer
Depends on the town / municipality's election and office holder laws, certainly someone can be appointed as an interim mayor of there is a vacancy.

Q: what is the number of signatures needed to petition to go for referendum at a local village, regarding a proposed law

1 Answer | Asked in Election Law and Municipal Law for New York on
Answered on Aug 23, 2016
Peter Munsing's answer
Check with your local village's charter or similar document, contact local league of women voters.

Q: What happens when you file a lawsuit against the city and they don't respond

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Municipal Law for New York on
Answered on Nov 14, 2015
Adam Studnicki's answer
Not clear what you're asking in the details. Normally, in civil cases, if a defendant doesn't answer a properly-filed and served complaint, the plaintiff can file for a default judgment. Best to consult with a local lawyer about your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...

Q: I was injured when I fell on a city sidewalk but I was unaware of the notice of claim requirement. Can I still sue?

1 Answer | Asked in Municipal Law for New York on
Answered on Jul 22, 2011
Mark A. Siesel's answer
You would have to submit a motion to file a late notice of claim, which naturally will be strongly opposed by the attorneys representing the City. Whether you will win this motion depends on several factors, including whether the City can prove that they were "prejudiced by the delay" (if a police report was prepared of your accident this is very helpful to show otherwise), whether you have a meritorious case, and whether you have a reasonable excuse for failing to file the notice of claim....

Q: I want to sue for malicious prosecution now that I was found not guilty. What is my time frame?

1 Answer | Asked in Municipal Law for New York on
Answered on Jul 19, 2011
Mark A. Siesel's answer
You must file and serve a notice of claim, (generally within 90 days) and must file and serve a complaint within one year of a determination that you were not guilty of the crime or violation.

Q: What is the statute of limitations for an injury claim against the sanitation department?

1 Answer | Asked in Municipal Law for New York on
Answered on Jul 9, 2011
Mark A. Siesel's answer
You have one year and ninety days from the date of an accident to sue a town, village, city or one of it's departments. More importantly, though, you must make sure to file a notice of claim against the town, the sanitation department and the driver of the truck within 90 (ninety) days of the accident or you will not have a case.

Q: What section of the cplr would govern the county clerk

1 Answer | Asked in Municipal Law for New York on
Answered on May 25, 2011
Mark A. Siesel's answer
This is a very general question, and I would need more detail to give a specific answer. There are numerous sections of the CPLR that make reference to county clerks. Many topics regarding county clerks are found in Article 80 of the CPLR, and in particular, in sections 8019, 8020 and 8021.

Q: My case was just dismissed in Kings County Supreme Court. Where is the appellate Court for Kings County?

1 Answer | Asked in Municipal Law for New York on
Answered on May 1, 2011
Mark A. Siesel's answer
Kings County is part of the 2nd Department, and the appellate division Court is located in Brooklyn for the 2nd Department.

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