No, You Cannot Take a “Ballot Selfie” in New York

Graphic by: money.cnn.com With the Presidential election looming in a few weeks, here is a reminder that taking a “ballot selfie” to show your social media circles how you voted in New York is actually illegal. Recent published reports that that federal courts recently struck down bans on ballot selfies in New Hampshire and Indiana led us to research what exactly the law is in New York. Election Law 17-130 states, in part: Any person who … makes or keeps any memorandum of anything occurring within the booth, or directly or indirectly, reveals to another the name of any candidate voted for by such voter; or shows his ballot after it is prepared for voting, to any person so as to reveal the contents … is guilty of a misdemeanor.  While the law does not specifically mention photographs, New York is one of 18 states that prohibits “ballot selfies” which is

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Cuomo Signs Law That May Cripple Airbnb in NYC

After a summer of discontent, New York Governor Andrew Cuomo signed the toughest restrictions on short-term apartment rentals in the country that may cripple the operations of Airbnb in the state. As discussed in many previous blog posts here, Airbnb is an online marketplace where prospective guests look for a bed to stay in from hosts listing spare rooms and properties for short term rentals. Under the new rules, which we discussed in an earlier posting here, the liability for advertising short-term rentals would shift from building owners to the renters in “Class A” multiple dwellings (buildings designed for three or more families) and those who place the advertisements on sites like Airbnb. Penalties range from $1,000 for a first offense to $7,500 for third and subsequent violations. The stated intent behind the proposed bill is to protect New York’s hotel industry and owners of multiple dwelling properties by preventing illegal

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New NLRB Labor Rules Negatively Impact U.S. Franchises

Revised federal rules from the National Labor Relations Board that give employees more leverage in settling workplace disputes are negatively impacting franchisors and franchisees, leaving them with higher costs and forcing them to scale back plans for future expansion. The new policy adopted by the National Labor Relations Board (NLRB) broadens the circumstances in which two businesses can be deemed as employers of the same pool of workers. This means trouble for fast-food, construction and other industries reliant on contract workers and employees of franchisees, who will now be exposed to increased labor disputes before the NLRB, which adjudicates workplace disputes and oversees union-organizing. The intention behind the NLRB’s revision is to ensure workers can unionize and collectively bargain with businesses that help control their fates.  As things stand now, the NLRB will review “test cases” in the franchising industry to further define what critics have called a vague and

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Beating Summary Judgment in a New York Court: NY Litigation Basics

Here is a perfect example of how a skilled and proactive New York attorney can use proactive strategy to resolve a dispute in a New York court.  When you have more than one potential defendants, you can pit one against the other to maximize your position and prevail in a summary judgment motion and prevail in reaching a settlement for your client.  The following issue involves a motor vehicle accident, however, the same strategy may be used to prevail in business disputes in New York. My client, a front seat passenger in a motor vehicle, did not have a complete memory of the incident.  All he knew was that he was injured in a car accident, thus, his testimony was not able to collaborate the story of the driver in the car she was in or the driver of the other car.   My client was sitting in the front seat of

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