New York Recent Legal Answers from Lawyers

You could be setting yourself up for liability with trying to out them by yourself.  Your best course of action is to contact the police or FBI for assisstance. However, I always caution people not to enter the legal arena without speaking with a lawyer first to avoid any unintended consequences such as your having sent pictures as a minor.... Read Answer

Your employer has a duty to maintain a safe workplace. If the coworker who threatened you is truly a problem child with a history of aggressive behavior, its time to collect allies and pitch your case to management for whatever that may be: new rules, his termination, etc.  That effort is called concerted activity and it is protected under the NLRA.  If he used offensive language targeting your protected demographic (age, religion, race, etc.), that is a criminal offense and workplace harassment and presumably you've told HR already and they either yawned, or he didn't go that far. If this was a one-off spat, and both of you have clean disciplinary histories, the law is the law but there's no teeth to your claim. You're presumably a full-grown, able bodied, male. I found a such a person using your name online who maintains a profile that works in NY in the security industry. Someone has threatened you in the course of your duties. What does your training suggest. You know waht he said, I do not. Was it an imminent threat that would put a reasonable person in fear of life or limb? If yes, you kno what to do. If not, go back to work and try to patch things. Up. Everyone deserves a second chance, but not a third. Put HR on notice of his actual words and that you believe he is a danger or otherwise unstable, unfit, etc. That beahvior is almost certianly unbecoming a security officer but forcing management to act is an art, not a science, and often futile. ... Read Answer

I'd like to know whether you're actually an indie contractor or if this Major News Organization is taking liberties to avoid the full weight of NY labor law they undoubtedly support in their hot takes. To be sure, professional writing and editing have all the trappings of exempt FLSA status, but if you're not really independent, then you're still an employee even if you are exempt from OT. The easiest test for independence is whether you have other clients and a written contract for your services. If the answer to both is "Yes," it still may be a good idea to shake the tree in a consult, but if the answer to one of those most basic quetions is "No," Do Not Pass Go or collect your $200 until you get a consult.... Read Answer

Are US citizen living in a foreign country can sponsor their sibling, but the current processing speed is roughly 15 years before a visa becomes available. You can sponsor your parents as your immediate relatives and visas are available now but the processing speed will be about 18 months before they obtain their green cards. ... Read Answer

You first need to familiarize yourself with your obligations as a NY employer. Start here: Sexual Harassment Prevention Model Policy and Training (ny.gov) You need to execute (and implement prospectively) the minimum standards, such as making a model complaint for available and adopting the minimum standard policy. For the incident at play, review your obligations about conducting a confidential investigation. That should include interviewing the reporting party, the purported victim, and the alleged offending employee.  Running a business anywhere is not easy and at this moment, NY is not making it any easier. You should have a viable relationship with a business and employment attorney (meaning, not necessarily someone on retainer but accessible communications to sort the wheat from the chaff from in the first instance). The internet is not the best place to have to turn in your time of legal need. There is no menu or list of outcomes explaining how to conclude your investigation or what to do once done. That is left for you, but you have to document your process and maintain confidentiality of the sensitive data collected.... Read Answer

Rosario, sorry to hear that your attorney is not being more responsive.  Best course of action would be to speak with the paralegal and schedule an in-person meeting with  your lawyer.  Don't take no for an answer.  If your attorney is refusing to meet with you, you can always look for a new lawyer (although that will arguably delay your case even further).  Sometimes even the suggestion that you might start looking for a new lawyer is enough to get someone's attention. From what I can gather online, your case is still in discovery, 159053/2018.  There was a court conference back in April which resulted in a discovery order directing two of the defendants to appear for depositions in June (ACM and Macy's).  Unclear whether they went ahead or if discovery is now complete.  There was supposed to have been a further compliance conference on July 11, 2023. Keep in mind that five (5) years is not that old for personal injury lawsuits, especially in New York.  Before Covid, the court system was already backlogged.  Covid made things even worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear what happened to your vehicle.  Under New York General Obligations Law § 3-112, parents are responsible for the intentional acts of their children who are over the age of 10 and which result in property damage. New York Consolidated Laws, General Obligations Law - GOB § 3-112 | FindLaw  Parental Responsibility Laws in New York | Nolo Where the property damage was not caused intentionally, however, the parents are not responsible.  That said, a responsible neighbor should offer to pay for the damage, regardless of whether the law compels them to do so. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

I see that you are in New York. As an Annapolis divorce lawyer, my legal knowledge is limited to the laws of the state of Maryland, which may differ from the laws in your state. Having said that, even after a divorce has been finalized, it may be possible to address hidden or undisclosed assets if they come to light. However, the process can be complex and the laws that apply can vary significantly from state to state. For instance, some states operate under "equitable distribution" laws where assets are divided fairly, but not necessarily evenly, while others, like Maryland, are "community property" states, where all property and assets acquired during the marriage are generally divided equally. In a situation where a divorce has already been finalized, it's important to act swiftly. Time limits may apply for bringing such matters back before the court. It may be necessary to file a motion to reopen the divorce case, or there might be other legal avenues available depending on the specific circumstances and the laws of your state. Because of the potential complexity and the significant impact these matters can have on your financial future, it's crucial that you seek out a New York attorney who has experience in divorce litigation and who can provide guidance tailored to your specific situation. While I can provide general advice based on my knowledge and experience in Maryland, a local attorney will be able to help you understand the details of New York law and how they apply to your case.... Read Answer

No one can guarantee your complete protection. A recent example tells us that Mariah Carey's brother sued her for defamation for publishing her memoir. The law that protects her public interest speech, while recognizing her brother's limited right to protect his reputation in a public interest discussion will apply to you and your ex. Bottom line: all public speech on a matter of public interest in NY receives the highest constitutional protection. Your ex would have to demonstrate malicious publication, meaning you are knowingly lying about him and that he has a substantial basis to proceed, such as damages or his public persona to protect. Write your memoir. Shop it around and make sure your publisher's contract includes the obligation to provide you with liability insurance that includes personal advertising injury, or if you self-publish, make sure you have your own liability policy and attorney before doing so.... Read Answer

You need a mentor. I'll humor you as briefly as possible. We know the felony murder rule tells us that the robber thusly convicted is responsible beyond a reasonable doubt in a criminal capacity. Civil liability can follow at the lower evidentiary threshold for direct, vicarious, or concerted liability under a handful of theories. You're really asking if there is a way to hold the employee, and by proxy the employer, liable. There is a Plasgraf issue (248 N.Y. 339 (1928)), whether the bank employee owes a duty to customers to prevent injury or death during a robbery. Arguably, you can make a case either way. The second issue, assuming such a duty can be found, is whether the employee breached that duty of reasonable care. The existence or non-existence of one document, in particular, will be critical to both issues: written bank policies on cooperation with robbery demands. I'm no expert on the subject, but I've never heard any employer or law enforcement agency suggest anything than cooperation. Recent news stories have put employer stand-down policies front and center. Presumably, such a policy recognizes that non-cooperating can expose anyone on the premises to danger.  And a good secondary source of authority would be law enforcement and industry guidelines on the same topic. Bottom-line, there's no correct answer. Here's a secret that most law school students and graduate forget for approximately six years from the day of their first class: facts matter. Facts trump law because facts tell us which law to apply and which hedge to trim.  The facts of this hypothetical, as created by the professor, will give you one or more hooks to demonstrate your legal analysis. Spot the Palsgraf, identify the criminal versus civil standard, spot the employee liability versus employer-vicarious liability issue, and identify those facts which support either conclusion and take a position. ... Read Answer

You haven't provided enough information to determine whether you would be considered as a guardian for your grandchildren in the event they were removed from their home for any reason.  If you believe there is neglect, abuse, or that the children are being subjected to unsafe conditions, you can report that to childrens' services. You also have the option to petition the court for custody if you believe the children are not safe with their guardians.  Assuming that a court has ordered the visits you currently have with your grandchildren, and that arrangement is working in the child's best interests, that would certainly be a factor for the court to consider when making any custody determination, although many other factors will be considered as well. ... Read Answer

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

New York's SLAPP Act will almost certainly control this claim. You have to prove the statements are objectively false (as opposed to opinion) and maliciously made to injure you. If you can't, you may end up paying the defendant's attorneys' fees but more likely, you won't be able to find an attorney to take the case. ... Read Answer

You'll probably need a cause and origin report and a coverage attorney to review your policy. Your homeowners' policy insures your property if the cause of loss is covered. Water-related losses have to be carefully sorted against policy language. Your HO insurer does not insure the property of other tenants, although it may include liability coverage for third-party property damage. If you were responsible for the failed pipes, the damaged parties may sue you, and your liability insurer should defend. If someone else owns or is responsible for maintaining the pipes, you can sue them.  But in all of this, you cannot guess at the cause of loss. If it is in dispute, you'll almost certianly need to pay for an engineer's cause and origin report.  Review your insurance portfolio with your agent or broker and get the relevant policies to a coverage attorney.     ... Read Answer