New York Legal Questions & Answers
73 plain-English answers to common New York law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in New York?
Outside NYC, file Form RP-524 (Complaint on Real Property Assessment) with the local Board of Assessment Review by Grievance Day (typically the 4th Tuesday in May, NY RPTL § 512)…
- How does the lemon law process work in New York?
New York's New Car Lemon Law, N.Y. Gen. Bus. Law § 198-a, presumes a lemon after 4 repair attempts on the same defect or 30+ cumulative days out of service within the first 2…
- How much of my wages can be garnished in New York?
New York is stricter than federal. Under N.Y. C.P.L.R. § 5231(b), an income execution may take the lesser of 10% of gross income OR the CCPA 25%/30×-FMW formula on disposable…
- How do I file a mechanic's lien in New York?
File Notice of Lien in county clerk within 8 months of last work on commercial projects (4 months for single-family residential). Serve owner within 30 days (5 days for…
- What is the personal injury statute of limitations in New York?
New York provides 3 years for most personal injury claims under N.Y. C.P.L.R. § 214. Medical malpractice is 2 years 6 months (C.P.L.R. § 214-a). Claims against municipalities…
- How does small claims court work in New York?
New York small claims handles up to $10,000 in NYC Civil Court and $5,000 in town/village courts under N.Y.C. Civ. Ct. Act §§ 1801-1814. Filing fees are $15-$20. Attorneys are…
- How do I set aside a default judgment in New York?
Move under CPLR § 5015(a) within one year of service of notice of entry for excusable default. You must show a reasonable excuse and a meritorious defense. CPLR § 317 lets…
- Who is liable if a dog bites me in New York?
New York applies a mixed rule under Bard v. Jahnke, 6 N.Y.3d 592 (2006): strict liability under Agriculture & Markets Law § 121 covers only medical and veterinary expenses…
- What can I do if I'm a victim of identity theft in New York?
New York grades identity theft from Class A misdemeanor to Class D felony under N.Y. Penal Law §§ 190.78-190.80. Credit freezes are free under federal and state law (N.Y. Gen…
- How does comparative fault work in New York?
New York is a pure comparative fault state under N.Y. CPLR § 1411 — a plaintiff's culpable conduct only reduces, never bars, recovery, even at 99% fault. Article 16 (CPLR § 1601)…
- How do I file a public records request in New York?
New York's Freedom of Information Law (FOIL, Pub. Off. Law §§ 84-90) requires agencies to acknowledge requests within 5 business days and provide records or a determination within…
- What is the statute of limitations for contract claims in New York?
New York gives 6 years to sue on both written and oral contracts under CPLR § 213(2). Sale-of-goods claims carry a 4-year SOL under UCC § 2-725, and parties may agree to reduce it…
- What money in my bank account is protected from creditors in New York?
New York's Exempt Income Protection Act (EIPA) shields $3,600 in any account receiving statutorily exempt deposits, plus $3,600 across all other accounts under CPLR § 5222(h)-(i)…
- How do I appeal a denied Social Security disability claim in New York?
New York's Office of Temporary and Disability Assistance (OTDA) Division of Disability Determinations in Albany, Brooklyn, and Endicott handles initial SSDI/SSI reviews. 60-day…
Criminal (10)
- What are DWI penalties in New York?
New York Vehicle and Traffic Law § 1192 creates a tiered system: DWAI (.05-.07), DWI (.08+), and Aggravated DWI (.18+). A first DWI is a misdemeanor carrying up to 1 year jail…
- How do I expunge a criminal record in New York?
New York does not 'expunge' most criminal records — it SEALS them. Under CPL § 160.59, you may seal up to 2 convictions (only 1 felony) after a 10-year waiting period. Marijuana…
- How do I get a concealed carry permit in New York?
Following NYSRPA v. Bruen (2022), New York adopted the Concealed Carry Improvement Act (CCIA, 2022) requiring an 18-hour training course, character references, social media…
- What are the search warrant requirements in New York?
New York search warrants are governed by N.Y. Crim. Proc. Law § 690 et seq. A sworn affidavit must establish probable cause before a judge of a criminal court. CPL § 690.35…
- Can I legally record a phone call or conversation in New York?
New York is a one-party consent state under N.Y. Penal Law § 250.00 et seq. As long as you are a party to the conversation or have consent of one party, recording is legal…
- How does bail work in New York?
New York's 2019 bail reform under N.Y. Crim. Proc. Law § 510.10 eliminated money bail for most misdemeanors and nonviolent felonies, requiring release on recognizance or…
- How does plea bargaining work in New York?
New York plea procedure is governed by N.Y. Crim. Proc. Law § 220.10 et seq., with statutory limits on plea reductions for certain felonies (§ 220.10(5)). Guilty and (sparingly)…
- How do I sue police for misconduct in New York?
42 U.S.C. § 1983 is the federal vehicle. New York City (not the State) abolished QI for NYPD conduct via NYC Admin. Code § 8-803. State tort claims against municipalities require…
- When can a private citizen make a citizen's arrest in New York?
Under N.Y. Crim. Proc. Law § 140.30, a private person may arrest another for any felony they have actually committed, or for any offense committed in their presence. Force is…
- What pretrial diversion or drug court programs exist in New York?
New York's Judicial Diversion Program under CPL Art. 216 lets felony drug defendants enter court-supervised treatment, alongside Youthful Offender adjudications under CPL Art…
Employment (10)
- What is the minimum wage in New York?
New York has a tiered minimum wage: $16.50/hour in NYC, Long Island, and Westchester County, and $15.50/hour in the rest of the state (2025), under N.Y. Lab. Law § 652. Both rise…
- How do I file a workers compensation claim in New York?
New York workers' comp is governed by the Workers' Compensation Law (WCL) and administered by the New York State Workers' Compensation Board. You must notify your employer in…
- How do I file for unemployment benefits in New York?
File online at labor.ny.gov within the first week of unemployment. NY pays $108-$504/week for up to 26 weeks. You need wages in at least 2 base-period quarters totaling 1.5× your…
- What is wrongful termination in New York?
New York is an at-will state and famously does NOT recognize an implied contract exception (Murphy v. American Home Products, 1983) or a common-law public policy tort. Statutory…
- How do I file a workers' compensation claim in New York?
Give written notice to your employer within 30 days (N.Y. Workers' Comp. Law § 18) and file Form C-3 with the Workers' Compensation Board within 2 years (§ 28). New York's…
- Can I sue for wrongful termination in New York?
New York is strict at-will and rejects a common-law public-policy tort (Murphy v. American Home Products). Remedies come from statutes: NYSHRL (Exec. Law § 296), NYCHRL, Labor Law…
- What are my rights against workplace harassment in New York?
The NY State Human Rights Law (Exec. Law § 296) covers all employers (1+ employee) and uses the 'more than petty slights' standard since 2019. Lab. Law § 201-g mandates annual…
- Can my employer drug test me in New York?
New York provides robust protections: N.Y. Lab. Law § 201-d prohibits discrimination for off-duty cannabis use, and the Marijuana Regulation and Taxation Act (MRTA) bars most…
- Are non-compete agreements enforceable in New York?
New York uses common-law strict scrutiny under the BDO Seidman / Reed Roberts test: a non-compete is enforceable only if reasonable in time and area, necessary to protect a…
- How do I appeal an unemployment insurance denial in New York?
The New York State Department of Labor administers UI under N.Y. Lab. Law § 620 et seq. Hearings are before the Unemployment Insurance Appeal Board's ALJs; the deadline to request…
Family (9)
- How do I file for divorce in New York?
New York requires 1-year residency in most cases. The state allows no-fault divorce based on 'irretrievable breakdown' for at least 6 months. File a Summons with Notice or…
- How is child custody decided in New York?
New York uses the 'best interest of the child' standard (Eschbach v. Eschbach, 56 N.Y.2d 167) with NO statutory presumption favoring either parent or joint custody (Dom. Rel. Law…
- How does alimony work in New York?
New York calls it 'maintenance' and uses a statutory formula under DRL § 236(B)(5-a) for temporary maintenance and § 236(B)(6) for post-divorce maintenance. The formula caps the…
- How is child support calculated in New York?
New York uses the Child Support Standards Act (CSSA) under DRL § 240(1-b) and Family Court Act § 413 — a Percentage of Income model: 17% for 1 child, 25% for 2, 29% for 3, 31% for…
- How do I get a marriage license in New York?
Apply in person at any New York town, city, or borough clerk's office. Fee is $40 (NYC $35 + processing). New York enforces a 24-hour waiting period between license issuance and…
- How do I establish paternity in New York?
New York Family Court Act § 516-a authorizes an Acknowledgment of Parentage (AOP, form LDSS-4418), which becomes a final order 60 days after signing. Court-ordered paternity…
- How does the adoption process work in New York?
New York adoptions are governed by N.Y. Dom. Rel. Law §§ 109-117. An extrajudicial consent under § 115-b can be revoked within 45 days; a judicial consent before a judge is…
- Are prenuptial agreements enforceable in New York?
New York has NOT adopted the UPAA. Prenups are governed by N.Y. Dom. Rel. Law § 236(B)(3), which requires the agreement be in writing, subscribed by the parties, and acknowledged…
- How do I get a restraining order in New York?
New York calls them 'orders of protection.' Family Court Act Article 8 governs family offense petitions; Criminal Procedure Law § 530.12 covers criminal-court orders; CPLR § 6313…
Housing (8)
- What are tenant rights in New York?
New York's Housing Stability and Tenant Protection Act of 2019 caps security deposits at one month's rent, requires return within 14 days, mandates 30-90 days' notice to terminate…
- What is the eviction process in New York?
New York requires a 14-day rent demand under RPAPL § 711(2), 30-90 day no-cause notice based on tenancy length under HSTPA, and 10-day cure for lease violations. Landlord files a…
- What must a home seller disclose in New York?
New York Real Property Law § 462 requires a Property Condition Disclosure Statement (PCDS) for 1-4 unit residential property. Historically sellers could opt to give a $500 credit…
- How do I dispute a security deposit return in New York?
New York's 2019 HSTPA amended Real Prop. Law § 7-103 to cap residential deposits at one month's rent and require return within 14 days of move-out along with an itemized statement…
- How do I dispute an HOA assessment or fine in New York?
New York condominiums are governed by N.Y. Real Prop. Law art. 9-B (Condominium Act) and cooperatives by the Business Corporation Law; homeowners' associations are creatures of…
- What is the eviction process in New York?
New York uses a summary proceeding under N.Y. RPAPL Art. 7. Nonpayment requires a 14-day demand; holdover requires 30/60/90-day notice based on tenancy length. Filed in housing…
- What can I do if my landlord won't fix uninhabitable conditions in New York?
N.Y. Real Property Law § 235-b creates a non-waivable warranty of habitability. Tenants may withhold rent, sue for abatement, or commence an HP action in Housing Court…
- How do I resolve an easement or boundary dispute in New York?
New York requires 10 years of adverse possession under N.Y. RPAPL § 501 et seq., amended in 2008 to require a reasonable basis for belief of ownership. Quiet title under RPAPL…
Estate (8)
- How do I make a valid will in New York?
New York requires the testator to be 18+ and of sound mind (EPTL § 3-1.1). The will must be signed at the end by the testator and witnessed by 2 witnesses who must sign within 30…
- How do I create a power of attorney in New York?
New York did NOT adopt the UPOAA. POAs are governed by N.Y. Gen. Oblig. Law §§ 5-1501 to 5-1514. A 2021 overhaul simplified the statutory short form. POA must be signed by…
- How does probate work in New York?
New York probate typically takes 9-18 months under the SCPA and EPTL. New York has not adopted the UPC. Small estate (Voluntary Administration) threshold is $50,000 in personal…
- Can I disinherit my spouse or child in New York?
New York gives a surviving spouse an elective share equal to the greater of $50,000 or one-third of the net estate under N.Y. EPTL § 5-1.1-A. New York is a separate-property…
- How do I petition for guardianship or conservatorship in New York?
New York has two adult guardianship tracks: Article 81 (Mental Hygiene Law) for functional incapacity, and SCPA Article 17-A for intellectual/developmental disability. Minor…
- How do I create an advance healthcare directive in New York?
New York uses a Health Care Proxy (Pub. Health Law Art. 29-C) and recognizes living wills by case law. Sign before two adult witnesses; agent cannot witness. FHCDA (Art. 29-CC)…
- How do I file a quitclaim deed in New York?
New York uses a statutory quitclaim form under N.Y. RPL § 258. Grantor signs and acknowledges before a notary; no witnesses required. Record with the County Clerk (NYC: City…
- What is the homestead exemption in New York and how do I claim it?
New York's creditor homestead (CPLR § 5206) is $179,975 in NYC, Long Island & Westchester; $149,975 in mid-tier counties; $89,975 elsewhere (2023 revisions, indexed). Property-tax…
Traffic (6)
- How do I fight a parking ticket in New York?
In NYC, the Parking Violations Bureau (PVB) handles tickets under VTL § 235. You have 30 days to plead not guilty online (NYC.gov/PayOrDispute), by mail, or in person. Outside…
- How long do I have to register a vehicle in New York?
New York gives new residents 180 days to register — among the most generous in the country — under VTL § 250. Purchased vehicles must be registered within 30 days. Documents…
- How do I get my driver's license reinstated in New York?
New York reinstatement fees range $50–$100 per Veh. & Traf. Law § 503, with additional civil penalties for DWI ($100–$750). The DMV uses an 11-point/18-month threshold to trigger…
- How do I fight a speeding ticket in New York?
Outside NYC, fight at town/village court under VTL § 1180; in NYC and Buffalo/Rochester, the Traffic Violations Bureau (TVB) handles tickets with no plea bargaining. Speeding is…
- What are the open container laws in New York?
NY Vehicle & Traffic Law § 1227 prohibits drinking or possessing an open container of alcohol in the passenger area of a motor vehicle on a public highway. Violation is a traffic…
- What happens if I get a DUI/DWI in New York?
N.Y. Vehicle & Traffic Law § 1192 sets per se DWI at 0.08% BAC (0.04% commercial, 0.02% under-21). A first DWI is an unclassified misdemeanor punishable by up to 1 year jail…
Civil Procedure (4)
- What is the small claims limit in New York?
New York small claims limits vary by court: $10,000 in NYC Civil Court and city courts, $5,000 in town and village courts (NY UCCA § 1801, NYC Civ. Ct. Act § 1801, UJCA § 1801)…
- What is the statute of limitations in New York?
New York civil limitations under the CPLR: personal injury 3 years (CPLR § 214(5)), written contract 6 years (§ 213(2)), oral contract 6 years (§ 213(2)), property damage 3 years…
- Can I get out of jury duty in New York?
New York requires US citizens, 18+, county residents proficient in English under Judiciary Law § 510. There are no occupational exemptions — even doctors and lawyers must serve…
- How do I legally change my name in New York?
File a Name Change Petition in NYC Civil Court ($210) or Supreme Court ($65 in Supreme Court outside NYC; varies). Publish the order in a designated newspaper for six weeks (CPLR…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.