Search the Community

Showing results for tags 'new york'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Bankruptcy, Debt, and Taxes
    • Bankruptcy, Debt, and Taxes
  • Consumer Issues
    • Car Purchases & Repairs
    • Retail Purchases
    • Consumer Services & Disputes
    • Medical Treatment & Insurance
    • Archive
  • Criminal Law
    • DUI & DWI
    • Crimes Defined
    • Investigation, Arrest, & Trial
    • After Sentencing
    • Archive
  • Employment
    • Hiring, Firing, and Discrimination
    • Wages & Hours
    • Workplace Safety & Injuries
    • Archive
  • Family Law
    • Child Custody & Support
    • Education
    • Guardianship & Adoption
    • Marriage & Divorce
    • Archive
  • Immigration
    • Immigration
  • Injuries, Accidents, and Torts
    • Auto Accidents
    • Other Accidents & Injuries
    • Defamation & Identity
    • Personal Property & Money Disputes
    • Professional Malpractice
    • Archive
  • Legal Research How-To
    • Legal Research How-To
  • Real Estate & Landlord-Tenant
    • Buying & Selling Homes
    • Landlord & Tenant
    • Neighbors
    • Property Law
    • Archive
  • Small Business
    • Business Organizations
    • Running a Business
    • Trademarks, Copyrights, and Patents
    • Archive
  • Traffic Violations
    • Licensing Issues
    • Non-Injury Accidents
    • Traffic Infractions
    • Archive
  • Wills, Trusts, and Estates
    • Wills, Trusts, and Estates

Found 166 results

  1. First time poster. Thank you for taking the time to read this. Any help you can offer would be greatly appreciated. I apologize for the length, but I wanted to make sure I got everything in.We have had boundary issues with our neighbors for years, to the point that we felt it best to not have any contact with them permanently (if they continued their confrontational behavior). To put it briefly, we would much rather avoid confrontation and ignore them but they seem to be ones who like to "push buttons" and annoy whenever possible. We have been ignoring them but recent events have made it necessary for law enforcement intervention...Basically about 3 years ago, I installed a home security system in our house with 6 cameras..3 pointed inside the house and 3 outside. There have been isolated cases of theft and vandalism over the years and we usually put out holiday decorations, so it was a matter of security for us. Borrowing the idea from ADT, I also erected a sign in my front yard advertising that our property was being monitored, thinking that would be a deterrent for potential vandals. Well, within a week after putting the sign out, the neighbors next door embarked on a horn honking, loud music, dog barking campaign designed to (i guess) harass and annoy us every time we are outside or have our windows open. The horn honking is excessive and goes beyond just a single beep..usually it is multiple beeps when locking the car door, or setting off their car alarm at random times during the day, or once we are known to be outside, sending the dogs out to bark at us with no intervention to quiet the dogs down (mind you, we have witnessed visitors to their house arrive..the dogs start to bark and they are immediately hushed). Since the cameras installed were designed to be security cameras, they were not sound equipped. Once the harassment began, I purchased 2 DVR cameras with sound capabilities and positioned them so that they would record the horn honking and other transgressions against us. After 2 months of the horn honking, we called the State Police and told them what was going on and the evidence recorded to support our claim. They sent a trooper to their house and asked if the accusation could be verified. They denied it, claiming they were only locking their car doors (despite numerous bits of evidence to the contrary). The trooper informed both sides to avoid contact with each other and told them to keep the noise down (Note: at that time, the trooper did not review the recorded evidence only a written log of the activities that transpired up to that point). The next morning and continuing for the next 6 or so months, the horn honking was replaced by dog barking..usually once we were known to be outside or during periods where our windows nearest the property line were open. In the occurrences where we were inside, there was nothing around that would trigger a dog barking in our direction (no animal person outside, etc.) and in the case where we were outside, it was usually after we made a noise or when there was evidence we were outside, the door would open and the dogs would immediately make a beeline in our direction, as if they knew we were there. Once there, the dogs were allowed to bark for an excessive period of time. Animal control was contacted and they paid the neighbors a visit, and again, they denied creating the racket. Ironically, though, after the visit, the dog barking greatly subsided. However, after that, they moved onto the horn honking again and incorporating setting off their car alarm more frequently than usual. once, our DVR cameras actually caught the adult female walking out to her car..past it...then the car alarm going off for 30 seconds with no attempts to silence it (I should mention here that these DVR cameras do not point at their house or do not interfere with their privacy. They are directed towards their property angled to their front yard and to the street, away from their house). After it was set off one morning at 6:00am, I contacted the police again who called the adult male resident who denied any sort of intentional noise. Again, he was told to keep the noise down. After a brief break (trying to lay low?), they began using their car keyfobs to excessively lock and unlock their car. In some cases, the "chirp" or "horn" would be repeated 4 or 5 times beyond the normal single sound. They would also repeatedly lock the car once inside for a while if it was known we were outside. I spoke to my attorney who said we should report each incident to the police beyond a single horn honk or single chirp. I wanted to, but also felt that I would be inconveniencing them by calling daily for this behavior and I also didn't want it to appear as if I was the neighborhood complainer every time somebody sneezed. However, after an excessive horn episode, I went back to the police and filed a complaint for 2nd degree harassment under NYS Penal Code 240.26 (example 3). I believe intent has been shown since the police have it documented on the report that they twice denied making any unnecessary noise beyond locking their car doors and that the noise continued after they were told to keep it down. I also submitted 11 DVD's worth of evidence and a notebook log documenting each incident and time and date stamping it to the camera reference. This was back in September. As of December 29th, we've heard nothing back. After talking to a couple people in law enforcement channels with some knowledge of the criminal proceedings in cases like this, I need to come to the realization that these types of complaints may not demand the full attention of law enforcement due to the nature of the case and staffing limitations/time invested in investigating. It may be more of a civil issue, I am told. They still have the evidence I submitted, but they may or may not be investigating it. So here are my questions...1) based on what is documented here and the evidence obtained over the years, would this be a case of harassment that could be brought into a civil court? 2) Should there be anything I should have done differently? I have the cameras..the video, the sound, and the documentation. We also have copies of both police reports and the report from animal control where their answers of denial contradict the actions heard on the camera recordings. Like I mentioned, I believe that shows intent to harass. 3) Historically, would documented evidence in the form of written timelines of occurrences, police reports, an unanswered cease and desist letter and video and audio evidence of the transgressions be enough to substantiate my argument, or will I need more? Moving, while a solution, is out of the question..I don't feel that 2 law abiding people should have to be chased from their house by a family bent on creating an annoyance through harassing behavior. I would like it handled through the courts, if possible.Thanks so much again for taking the time to read this.
  2. If I'm not the custodial parent and go for summer vacation w the children. Do I need to assign them at the same school my ex does? If he has final decision making on education? Thanks in advance for ur reply.
  3. I need the proper citation for personal injury in New York . Also on negligence and foreseeability
  4. A minor was charge in the first degree to another minor. minor charged had no previous crimes and is a good student victim is minors sister and not forced.
  5. My employer had a meeting with me and gave me an option to resign. He really did not give me a choice because he told me that he was not going to assign me to any projects. I was paid by the hour, so not getting assigned to projects meant that I would not be getting paid. He told me that if I resigned, he would pay me $30,000. At the meeting, he did not mention any severance agreement. After I resigned, he told me he would send me a severance agreement. After I received the severance agreement, I refused to sign it. He has refused to pay me the $30,000 unless I signed the agreement. Our projects are quite long-term lasting a couple of years or more. My guess is he had been avoiding assigning me to projects for a while so he would not be left with projects assigned to me.
  6. I was diagnosed with hiv/aids in September of 2016.in April of 2017 my kids mother was at the Oneida Indian nation family services talking to a psychiatrist/psychologist whom I never talked to or even told that I was hiv/aids infected.so idk how he even knew.while she was there talking to him he told her that the reason why I have been so sick and out of the hospital every week was because I had hiv/aids.i never gave him permission to disclose my personal information to her and I don't even know how he found out.well pretty much everyone knows now cause of it and it's not something to be proud of having hiv/aids nor do I think it's right that he did that and told her my information.when my ex/kids mother was done with the session she had called my sister and asked her about it and told my sister that the dr had told her why I was so sick.is there anything I can do so it doesn't happen again or to someone else?just because I am an Oneida Indian nation member (she's not) that shouldn't give him the right to tell whomever any of my personal information especially when I've never even talked to the dr myself.
  7. Hello, our child's school was a very expensive private boarding school. When he applied and when we signed the enrolment contract for grade 10 they offered the IB diploma. In October - in month 2 at the school - they decided to change the curriculum to the US HS diploma and the recent 10th grader should be affected by this change after their summer holidays, when they would start with grade 11. Additionally, school decided not to hold any formal lessons from school year 17/18 but to offer only project based learning instead. BUT in fact they stopped almost all classes already in their fourth term. From April 6 to June 23 they had only 1 weekly Spanish lesson and 1 weekly double lesson Math. The main time they spent with a tech project including a seminar, career class, PE, teamwork class. They had NO Sciences, NO humanities, NO literature. This is really dramatically if the students have to prepare for their last two school years. Our child is going to make the IB in the next two years and has lost more or less one school year in this institution (there also were major problems with replacing a sick math teacher and a sick science teacher). That's not what we had paid for. * Additionally they de-activated my son's google account (files, emails, email address is linked with an amazon account - from school demanded and containing from us paid ebooks) one day before he left school and refused to reactivate it. They offered to allow him access to his files by linking them with his private google account, but not to his emails. *In March they decided to withdraw their (in January) already made offer of a place in grade 11. There was much more like a very bad health care, but I think those are topics to talk about first. The school's legal location is in NYC. There is much money behind this school, many important people, much power. We would like to find a lawyer who would fight for us on contingency base. Can anyone help or has anyone ideas about the topics? Thank you!
  8. What is the statue of limitations for mortgage forgery in NYS? My ex-husband signed my name on a mortgage loan document and a 401K plan document. Any insights appreciated.
  9. Hello, I am inquiring as whether an Attorney and/or broker can receive payment(s) from someone (seller) in a new agreement who chose-for whatever reason-to go with another Atty. and/or broker for a lesser amt. Are there any case laws that would help me? Many thanks,
  10. I have a question regarding the rights of US citizens in regards to withholding funds (tax) due to it being used to fund illegal wars or anything that violates US laws, 4th Geneva Convention and International law.It is a fact that the invasions into sovereign countries by the US are violating International law. Also aid to Israel is in violation of US laws. If a citizen has a moral opposition to know that hisi/her money is being used in a sense criminally. Do they have a Constitutional right to withdraw taxes until the actions which violate Human Rights laws, 4th Gen Con, International law and US law itself be stopped? I am a peace activist not just trying to not pay my share. But this illegal wars are causing way to much suffering and I want to know what rights do citizens have to not fund them hence stopping them. What other peaceful,legal recourse do citizens have to take a constitutional legal action to stop the illegal invasions?
  11. I have been pressured by management to tell lies to customers related to false consequences for late payments. There have been other frustrating cases with management, but I want to focus only on this one. For example, I focus on giving accurate corporate policy information to our customers. I want to do some proactive planning in case that management confronts me about sharing accurate information. For instance, if I face discipline for sharing accurate corporate policy, what are my legal options?
  12. I am a landlord and rented on a month to month rental agreement to a tenant who about 2 months ago allowed his brother to move in with him without my permission. The rental agreement requires that he have written permission from the landlord if he wishes to allow more than himself to reside in unit. He has now given me 30 days notice plus 10 days but states he is uncertain what his brother wants and insinuates that he wants to stay on. I do not wish to have him stay on, what are my rights or the procedure I need to follow?
  13. I have a question to ask, I appreciate your help. One company deposit $700 dollars in my bank account by mistake at January 21 2017. This company I registered as a part time interpreter in June 2016. But I never work for them ever. At January 21st 2017 my bank account has $700 deposit from this company. At that time I don't know what to do and I am not sure who send to me. I asked me sister about this, She said waiting and see. So I ignore about this until in March 15th I received a phone call from my bank said a company deposit $700 dollars in my bank account by mistake. Do I agree the bank take back? I said no because I totally don't know what happened there. I want the company contact me and explain what happened. Around April 20th I received a phone call from the company required me give back the money, He ask me bring the check to his office. I feeling like what!!!!!!!!. You should apology for your own mistake but he didn't and even required me bring a $700 dollar check to his office. I was angry and asked him send me a email to explain why this happened (actually I want him use a good attitude to talk to me, not seems like I steal his money). He didn't reply till yesterday by email. His first email again required me return the money but same attitude, blame me I didn't notify them about the money when I received. I said OK I will return through the bank. Let the bank contact me, I will agree the bank take the money back. The second email he send to me give me warning and a due date to return otherwise take legal action, if I don't return by two ways, either by check or ACH. I was really angry to this. because between our conversation his attitude make me feel it's my mistake. I already agree return through the bank but they don't agree. If I return through my personal bank check I will feel I stolen his money and it's my mistake. Do I have the right to insist return through the bank? What should I do?Appreciate if you can give some suggestion.
  14. Mr:

    My tenant is refuse to clean the yard after his big dog (Pit-bull) Running unattended freely. Make his business wright at my door is disgusting! digging holes on my property! Unable to take care off my property. Anther tenant is to complain nowhere to step. The tenant is without a lease (contract expired ) continuously late rent payment! What can I do? For Eviction have no money! Is there any Authority to make him clean up the yard? It s his duty! Thank you.
  15. I was staying in the Clifton Park, NY 12065 for last 3 years before I moved to CA. My lease period was March -Feb. My current lease period was March 2017 - Feb 2018. I had to renew the lease in the beginning of Jan as my new company visa process was not even started at that time. I left Clifton Park on Feb 22. They asked me to pay the rent until apartment is rented again. They did not refund my deposit. I even paid them rent of March and April as well. I called them many times to check if someone came in the apt, they replied no. Finally I asked one of my friend staying there to check. He confirmed that apartment is rented and someone is staying there from Apr 15. So I called them again last week (~Apr 30) and they still mentioned that it is not rented yet. I told them that I checked and stop lying. I asked them to refund rest of my April rent as I already paid for April. Now instead of refund they send me the letter for the damage (total amount of damage minus rent refund, Apr 14-30, is >$2000.00) after 3 months I left the apartment. I know that we cleaned and apartment had no damage of any kind. We (family of 4 includes 4 middle school kids) never did anything wrong and paid rent before time always. Should I be worried? I am stressed because of that. I know that they are cheating with me but I dont know what to do. Please advice.
  16. A will was written prior to marriage. The marriage was 5 years ago and the will was never changed. In the will are his children only, for obvious reasons the wife is not in it. The wife is telling the children "screw you I am living in this house as long as I want and I am not paying anything" They have not seen a lawyer yet as the father was just buried yesterday. The daughter is the executor of the will and we were just wondering if they will be going by the will or if the wife automatically gets everything. I really hope that makes some sense to someone. My best friend is the one going through this and as she is crying on the phone to me I am trying to comprehend what she is saying and type it out.
  17. Under New York State Human Rights Law, is there any prerequisites required like a right to sue letter like required when filing for Title VII Civil Rights Claims. Can you file directly without any prerequisites?
  18. Looking for someone to review a amended pleading filed under the Lmrda and Human Rights. I am filing pro se and I am looking for advice on if the pleading is filed properly. If you are unable to help thank you for your time. Any help would be much appreciated. Thank you in advance.
  19. I reside in the state of New York. My 2 year old child's biological father resides in the state of Tennessee. We were never married. DNA testing was conducted through the court and I was awarded child support for my son. His father has never made one payment, never sought contact with my son via webcam, telephone, or physical visits while his father was visiting NY (he comes to NY once a month to visit family), never inquires about the well being of this child. As of last month, my sons father had sent a text expressing he no longer wishes to have contact and will consider any communications attempted to be harassment. In the conversation prior to this statement, he stated he would willingly have his rights terminated. He also has one older child in which his rights were terminated through the court. I have been attempting to research my options at this point, but am confused as a majority of information available online is very vague to someone who is uneducated in proceedings of the law. Even through a court proceeding would termination be possible? Ive found articles stating that there would have to be an adoption process involved for a judge to even consider termination of the parental fathers rights, but there are also articles stating that isnt required. Any informed response would be greatly appreciated.
  20. I am currently a military spouse starting an online personal training website. I will be providing health coaching services and training programs to my clients. I am technically a North Carolina resident though we live out of state, because military service members and their family members are allowed to keep their home residency while they are active duty. Am I allowed to base this small online business out of North Carolina, even though I will be working from home out of state? Thank you!
  21. Previously it had been explained to me in this forum, that when leasing a car an industry standard" is to charge a re-stocking fee, This fee is charged when you do not purchase the car - or buy another car of the same make. But let me explain a little further. On the lease contract itself there is indeed a box which mentions this fee. It was my error to not notice it at signing. However, there is no explanation as to exactly in what manner this fee is to be repaid. In this case, first I called the company and after discussing the fee with them, they did lower the amount owed. Again however, nothing was mentioned as to exactly how it was to be repaid. I received a bill for the amount negotiated down. At that time it mentioned how much was due and a date when it was due. This is a couple years after the initial amount was signed for with no explaination of terms. I mailed in a small amount. The next month I received a bill minus the amount I paid and giving a due date. I mailed in another small amount. The third month I recveived a phone call message on my machine stating I needed to return the call. It did not say exactly what it was about. I returned the call and found out it was a collection agency! They said the company had sold my debt to them and if I didnt' pay it in full immediately it would go to Collections. I received no prior warning by phone or mail or email. Is this whole process legal as to how they are allowed to collect their monies when terms were never initially agreed to? Thank you.
  22. Our firm represents the landlord in housing court, where the landlord has rented an apartment to his tenant. In this particular case, however, the landlord and tenant are related. After years of problems with his daughter (ie: non-payment of rent, destruction of property, argumentative), the landlord has decided that it would be best if he were to take legal action, and proceed with an eviction. All of the necessary documents were filed correctly in housing court, and the landlord and tenant have been going back and forth with OSC's, adjournments, etc. During the last proceeding, the tenant discussed the fact that her and the landlord are in fact family, and this shouldn't happen to her. Finally, the judge stated that this case should be heard in the Family Court, because they are family, and thiswas not her jurisdiction. Would going to family court resolve the landlord-tenant issues consistent within this family?
  23. I have received a bill (as have others I know) from a medical facility (same facility as others who have received such bills) for an appointment I had which occurred one year or more After the appointment. I believed I had paid my co-pay at time of appointment. Now I can't find my receipt. Is there a time frame attached as to how long after a service is performed that it can legally be billed? Is there a time frame attached to any kind of service as to when it can be billed - and after which it is now longer legal to bill?
  24. Me and someone have a vehicle together, both names are on the vehicle title. One name is on the loan.... the motor blew and I pulled the motor out and am waiting to get a new one, can I be arrested for pulling the motor out of my vehicle if there's a lien on it ? And the other owner now wants the car back and went to the cops today but I haven't heard anything from them. Can someone please reply and give me advice... much appreciated thank you!
  25. my case lasted over 5 years , the judge sent us to a referee , the case was settled ,, papers were signed , i was told that the lawyer had 3 or so months to write up the papers so my lawyer can look them over and send to the judge, to sign the final decree, as of now i am waiting over 9 months and still nothing,, is there anything i can do about this