FrankGoortani/open-us-law huggingface dataset:
N.Y. BNK Law § 598 — New York Code / Act BNK / Article 12-D / Section 598
Additional penalties for violation of this article; civil, criminal; liquidated damages
Status: in_force

§ 598. Additional penalties for violation of this article; civil,\ncriminal; liquidated damages. 1. In addition to such penalties as may\notherwise be applicable by law, the superintendent may, after notice and\nhearing as provided elsewhere in this article, require any entity,\nlicensee, servicer, registrant or exempt organization found violating\nthe provisions of this article or the rules or regulations promulgated\nhereunder to pay to the people of this state an additional penalty for\neach violation of the article or any regulation or policy promulgated\nhereunder a sum not to exceed an amount as determined pursuant to\nsection forty-four of this chapter for each such violation.\n  2. Whoever violates any provision of the licensing requirements of\nsubparagraphs (a) and (b) of subdivision two of section five hundred\nninety of this article by making a mortgage loan without being licensed\nor specifically exempted from licensing, or soliciting, processing,\nplacing or negotiating a mortgage loan without being registered or\nspecifically exempted from registration, shall be guilty of a class A\nmisdemeanor, punishable as provided in articles seventy and eighty of\nthe penal law.\n  3. Liquidated damages. In addition to any other remedy which an\napplicant for a mortgage loan or mortgagor may have against a licensee,\nregistrant or exempt organization for breach of contract or agreement to\nmake a mortgage loan, the court after considering the circumstances may\naward the plaintiff, upon granting a judgment in his favor in an\nindividual action on such claim, liquidated damages an amount equal to\ntwice the amount of any fees or other charges paid by the applicant or\nmortgagor in connection with such contract or agreement exclusive of any\namounts paid or payable after the mortgage or other security instrument\nis executed.\n  4. Statutory or common-law remedies. Nothing in this article shall\nlimit any statutory or common-law right of any person to bring any\naction in any court for any act, or the right of the state to punish any\nperson for any violation of any law.\n  5. Civil penalties assessable against unlicensed or unregistered\npersons or entities. If any non-exempt unlicensed or unregistered person\nor entity engages in activities encompassed by this article, he shall be\nliable to any person or entity affected by such activities for a sum of\nmoney of not less than the amount of money paid to an affected person or\nentity in connection with such activities, nor more than four times such\nsum; provided however that where a non-exempt unlicensed or unregistered\nperson has continued to engage in such unauthorized activities after\nreceiving a cease and desist notice from the superintendent, the maximum\namount of liability shall be up to the amount of actual damages. Such\nsum may be sued for and recovered by any person or entity for his use\nand benefit in any court of competent jurisdiction.\n
N.Y. TAX Law § 1570 — New York Code / Act TAX / Article 33-B / Section 1570
Judicial review
Status: in_force

§ 1570. Judicial review. 1. Any final determination of the amount of\nany tax payable under section fifteen hundred sixty-two of this article\nshall be reviewable for error, illegality or unconstitutionality or any\nother reason whatsoever by a proceeding under article seventy-eight of\nthe civil practice law and rules if application therefor is made to the\nsupreme court within four months after the giving of the notice of such\nfinal determination, provided, however, that any such proceeding under\narticle seventy-eight of the civil practice law and rules shall not be\ninstituted unless (a) the amount of any tax sought to be reviewed, with\nsuch interest and penalties thereon as may be provided for by local law\nshall be first deposited and there is filed an undertaking, issued by a\nsurety company authorized to transact business in this state and\napproved by the state superintendent of financial services as to\nsolvency and responsibility, in such amount as a justice of the supreme\ncourt shall approve to the effect that if such proceeding be dismissed\nor the tax confirmed the petitioner will pay all costs and charges which\nmay accrue in the prosecution of such proceeding or (b) at the option of\nthe petitioner, such undertaking may be in a sum sufficient to cover the\ntaxes, interest and penalties stated in such determination, plus the\ncosts and charges which may accrue against it in the prosecution of the\nproceeding, in which event the petitioner shall not be required to pay\nsuch taxes, interest or penalties as a condition precedent to the\napplication.\n  2. Where any tax imposed hereunder shall have been erroneously,\nillegally or unconstitutionally assessed or collected and application\nfor the refund or revision thereof duly made to the proper fiscal\nofficer or officers, and such officer or officers shall have made a\ndetermination denying such refund or revision, such determination shall\nbe reviewable by a proceeding under article seventy-eight of the civil\npractice law and rules; provided, however, that (a) such proceeding is\ninstituted within four months after the giving of the notice of such\ndenial, (b) a final determination of tax due was not previously made,\nand (c) an undertaking is filed with the proper fiscal officer or\nofficers in such amount and with such sureties as a justice of the\nsupreme court shall approve to the effect that if such proceeding be\ndismissed or the tax confirmed, the petitioner will pay all costs and\ncharges which may accrue in the prosecution of such proceeding.\n
N.Y. BNK Law § 142 — New York Code / Act BNK / Article 3-A / Section 142
Limitations on, and regulation of, bank holding companies
Status: in_force

§ 142. Limitations on, and regulation of, bank holding companies. 1.\nIt shall be unlawful for any person knowingly to borrow, directly or\nindirectly, any money or property for the purpose of enabling such\nperson to pay for or to hold shares of stock of a bank holding company\nfrom any subsidiary of such bank holding company, unless such borrowing\nis made upon security having an ascertained market value of at least\nfifteen per centum more than the amount thereof. Any person knowingly\nviolating the provisions of this subdivision shall, for each offense,\nforfeit to the people of the state twice the amount of such borrowing.\n  2. Except in conformity with such rules and regulations as may be\npromulgated by the superintendent, it shall be unlawful for any\nexecutive officer or director of a bank holding company to borrow any\nsum of money from any subsidiary of such bank holding company. Every\nexecutive officer or director of such bank holding company violating the\nprovisions of this subdivision shall, for each offense, forfeit to the\npeople of the state twice the amount of such borrowing or borrowings.\n
N.Y. PVH Law § 74 — New York Code / Act PVH / Article 4 / Section 74
Application of other laws
Status: in_force

§ 74. Application of other laws. The provisions of the business\ncorporation law as hereafter from time to time amended shall apply to\nhousing companies which are corporations, and the provisions of all\napplicable law shall apply to housing companies which are partnerships\nor trusts, except where any such provisions are in conflict with this\narticle.\n
N.Y. PBG Law § 214 — New York Code / Act PBG / Article 10 / Section 214
Conditions precedent to making such loans
Status: in_force

§ 214. Conditions precedent to making such loans.  1. No such loan\nshall be made by a municipality to an owner of an existing multiple\ndwelling unless the owner of such multiple dwelling and all persons\nholding a lien prior to that of the municipality shall covenant in\nwriting that so long as any part of such loan remains unpaid and for a\nperiod of at least ten years from the occupancy date:  (a) Each dwelling\nunit in such multiple dwelling shall be available solely for persons or\nfamilies of low income;\n  (b) Preference shall be given to persons who shall have lived in such\nmultiple dwelling at the time the contract for the loan was entered into\nand were required to move because of such installation, rehabilitation\nor improvement;\n  (c) No charge or rental for housing accommodations in such multiple\ndwelling shall be made or charged in excess of the rentals prescribed by\nthe agency at the time such loan is made or as such rentals may be\nrevised from time to time by the agency;\n  (d) The agency may order such repairs as will preserve the health and\nsafety of the occupants of such multiple dwelling;\n  (e) All persons operating or managing such multiple dwelling will\ncomply with the provisions of this article and the rules and regulations\nadopted by the agency pertaining to multiple dwellings aided hereunder\nand will refrain from doing any acts in violation thereof;\n  (f) All such persons will permit the duly authorized officers,\nemployees, agents or inspectors of the agency to enter in or upon and\ninspect such multiple dwelling at all reasonable hours;\n  (g) The agency shall have full power to investigate into and order the\nowner of said multiple dwelling to furnish such reports and information\nas the agency may require concerning the planning and construction of\nthe installation, rehabilitation or improvement and the management and\noperation of said multiple dwelling. The agency shall also have full\npower to audit the books of such owner with respect to such matters;\n  (h) The foregoing covenants shall run with the land.\n  2. The local legislative body of the municipality shall have power to\nimpose additional terms and conditions precedent to making such loans.\n
N.Y. RPA Law § 1078 — New York Code / Act RPA / Article 10 / Section 1078
Report of sale
Status: in_force

§ 1078. Report of sale. Immediately after completing the sale and\nexecuting the proper conveyance to the purchaser, the officer making the\nsale must make and file with the clerk a report thereof, showing the\nname of the purchaser and the purchase-price paid by him, or, if the\nproperty was sold in parcels, the name of each purchaser and the price\nand a description of the parcel sold to him, the sums which the officer\nhas paid out of the proceeds of the sale, pursuant to the interlocutory\njudgment, the purpose for which each payment was made, the amount and\nitems of his fees and expenses, and the net amount of the proceeds,\nafter deducting the payments.\n
N.Y. ISC Law § 2349 — New York Code / Act ISC / Article 23 / Section 2349
Multi-tier program
Status: in_force

§ 2349. Multi-tier program. (a) An insurer may make available a\nmulti-tier program, with more than one rate level in the same company,\nfor private passenger motor vehicle insurance in the voluntary market,\nprovided that:\n  (1) the program and the insurer's business plan encourage depopulation\nof the assigned risk plan established by article fifty-three of this\nchapter;\n  (2) the program is based upon mutually exclusive underwriting rules\nper tier, to the extent feasible;\n  (3) credits and surcharges pursuant to an approved rating plan can be\napplied on a per tier basis; and\n  (4) the program conforms to regulations promulgated by the\nsuperintendent.\n  (b) For an insurer with an approved multi-tiering program, the\nprovisions of subsection (f) of section three thousand four hundred\ntwenty-five of this chapter shall apply in all respects, except that the\ntwo percent limitation set forth therein shall:\n  (1) not apply to any risk moved from a tier to a lower-rated tier; and\n  (2) be deemed to be three percent for risks moved from a tier to a\nhigher-rated tier.\n
N.Y. GBS Law § 228 — New York Code / Act GBS / Article 12-C / Section 228
Actions relating to trampoline parks
Status: in_force

§ 228. Actions relating to trampoline parks. 1. In any contract or\nagreement between the operator or owner of a trampoline park and a\nparticipant, or parent or guardian in the case of a minor, any portion\nof the contract or any clause which purports to designate, restrict, or\nlimit the venue in which a claim shall be adjudicated or arbitrated\nshall be deemed void as against public policy.\n  2. Nothing in this section shall be deemed to affect the validity of\nany other aspect of a contract.\n
N.Y. FCT Law § 580-606 — New York Code / Act FCT / Article 5-B / Part 6 / Subpart B / Section 580-606
Procedure to contest validity or enforcement of registered support order
Status: in_force

§ 580-606. Procedure to contest validity or enforcement of registered\nsupport order. (a) A nonregistering party seeking to contest the\nvalidity or enforcement of a registered support order in this state\nshall request a hearing within the time required by section 580-605 of\nthis subpart. The nonregistering party may seek to vacate the\nregistration, to assert any defense to an allegation of noncompliance\nwith the registered order, or to contest the remedies being sought or\nthe amount of any alleged arrearages pursuant to section 580-607 of this\nsubpart.\n  (b) If the nonregistering party fails to contest the validity or\nenforcement of the registered support order in a timely manner, the\norder is confirmed by operation of law.\n  (c) If a nonregistering party requests a hearing to contest the\nvalidity or enforcement of the registered support order, the registering\ntribunal shall schedule the matter for hearing and give notice to the\nparties of the date, time, and place of the hearing.\n
N.Y. JUD Law § 88 — New York Code / Act JUD / Article 4 / Section 88
Designation by presiding justice of appellate division of justice to hold term of supreme court
Status: in_force

§ 88. Designation by presiding justice of appellate division of\njustice to hold term of supreme court. If it appear to the satisfaction\nof the presiding justice of the appellate division in any department\nthat a special or trial term of the supreme court duly appointed therein\nis in danger of failing, he may designate a justice who resides in that\ndepartment to hold such term in the absence of the justice assigned\nthereto. If in the opinion of such presiding justice it is not\npracticable to make a designation from his department, he shall so\ninform the governor who may thereupon designate for such term a justice\nfrom any department.\n
N.Y. NPC Law § 106 — New York Code / Act NPC / Article 1 / Section 106
Certificates as evidence
Status: in_force

§ 106. Certificates as evidence.\n  (a)  Any certificate or other instrument filed by the department of\nstate relating to a domestic or foreign corporation and containing\nstatements of fact required or permitted by law to be contained therein,\nshall be received in all courts, public offices and official bodies as\nprima facie evidence of such facts and of the execution of such\ninstrument.\n  (b)  Whenever by the laws of any jurisdiction other than this state,\nany certificate by any officer in such jurisdiction or a copy of any\ninstrument certified or exemplified by any such officer may be received\nas prima facie evidence of the incorporation, existence or capacity of\nany foreign corporation incorporated in such jurisdiction, or claiming\nso to be, such certificate when exemplified, or such copy of such\ninstrument when exemplified shall be received in all courts, public\noffices and official bodies of this state, as prima facie evidence with\nthe same force as in such jurisdiction.  Such certificate or certified\ncopy of such instrument shall be so received, without being exemplified,\nif it is certified by the secretary of state, or official performing the\nequivalent function as to corporate records, of such jurisdiction.\n
N.Y. CVP Law § 407 — New York Code / Act CVP / Article 4 / Section 407
Severance
Status: in_force

§ 407. Severance. The court may at any time order a severance of a\nparticular claim, counterclaim or cross-claim, or as to a particular\nparty, and order that, as to such claim or party, the special proceeding\ncontinue as an action or as a separate special proceeding.\n
N.Y. PBH Law § 1399-O-2 — New York Code / Act PBH / Article 13-E / Section 1399-O-2
Smoking restrictions; certain outdoor areas
Status: in_force

§ 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking\nshall not be permitted and no person shall smoke in any public park.\n  2. For the purposes of this section "park" shall mean:\n  (a) public parks, beaches, pools, boardwalks, marinas, playgrounds,\nrecreation centers, and group camps; and\n  (b) equipment, buildings and facilities now or hereafter under the\njurisdiction, charge or control of any state or local government agency\nor department that are located at or on any property described in\nparagraph (a) of this subdivision; provided, however, that for the\npurposes of this section the term public park shall not include the\nAdirondack park or the Catskill park as those terms are defined in\nsection 9-0101 of the environmental conservation law.\n  3. The provisions of this section shall not apply to: (a) the\nsidewalks immediately adjoining parks, squares and public places; (b)\nany pedestrian route through any park strip, median or mall that is\nadjacent to vehicular traffic; (c) parking lots or roadways; (d)\ntheatrical productions; and (e) any portion of a park that is not used\nfor park purposes, except when smoking has been specifically prohibited\nin a state park or portion thereof by the office of parks, recreation\nand historic preservation. This subdivision shall not limit the\napplicability of any other laws to such places.\n
N.Y. HAY Law § 315-A — New York Code / Act HAY / Article 11 / Section 315-A
Improvement corporations; right of acquisition
Status: in_force

§ 315-a. Improvement corporations; right of acquisition. Any\ncorporation formed for the purpose of developing or improving real\nproperty, which lays out for public use roads, streets, avenues or\nhighways, upon or through its lands, if unable to agree with the owners\nof any real property required for the purpose of extending, continuing\nor connecting such roads, streets, avenues or highways, for the purchase\nthereof, may acquire title thereto by acquisition in the manner\nprescribed by the eminent domain procedure law; provided such\ncorporation has the consents of the owners of not less than one-half of\nall of the land which adjoins or abuts upon, or which will adjoin or\nabut upon, such roads, streets, avenues or highways, or their\nextensions, continuations or connections, when completed; and such\ncorporation may lay out and establish such roads, streets, avenues or\nhighways, and the extensions, continuations or connections thereof, and\nmay construct drains or sewers, and such bridges or culverts as may be\nnecessary to maintain the grades of, or for the extension, continuation\nor connection of, the roads, streets, avenues or highways, so laid out;\nand may connect such roads, streets, avenues or highways, with or across\nroads, streets, avenues or highways, belonging to any other corporation\nor person, but may not disturb the established grades thereof. All lands\nso taken by acquisition shall be deemed to be acquired for a public use.\n
N.Y. GBS Law § 380-P — New York Code / Act GBS / Article 25 / Section 380-P
Unauthorized disclosures by officers or employees; penalty
Status: in_force

§ 380-p. Unauthorized disclosures by officers or employees; penalty.\nAny officer or employee of a consumer reporting agency who knowingly and\nwillfully provides information concerning an individual from the\nagency's files to a person not authorized to receive that information\nshall, upon conviction, be fined not more than five thousand dollars or\nimprisoned not more than one year, or both.\n
N.Y. RPA Law § 1325 — New York Code / Act RPA / Article 13 / Section 1325
Receiver
Status: in_force

§ 1325. Receiver. 1. Where the action is for the foreclosure of a\nmortgage providing that a receiver may be appointed without notice,\nnotice of a motion for such appointment shall not be required.\n  2. Where a receiver has been appointed, upon the application of the\nplaintiff or of any holder of a certificate evidencing an undivided\ninterest in the mortgage or mortgage debt and upon proof that no answer\nhas been interposed affecting the validity of the mortgage or the amount\ndue thereon, or asserting any prior lien, or asserting a plea of tender\nof payment of the amount due, or which if sustained would affect in any\nway the right of the plaintiff to a judgment in foreclosure and to the\npayment of the amount claimed by the plaintiff in his complaint to be\ndue, the court may direct that the receiver of the rents appointed in\nsuch action apply, during the pendency of the action, the rents received\nby him towards the payment of accrued interest on the mortgage, provided\ndue provision shall have been made for the payment of taxes,\nadministration expenses, fees and charges and such reserve as the court\nmay direct. Any monies so paid over by the receiver shall be deducted\nfrom the amount of the judgment in said action.\n  2-a. Where a receiver has been appointed, the order of appointment\nshall direct the owner or lessee of the mortgaged premises to turn over\nto the receiver all security deposits received by such owner or lessee\nand shall further direct the receiver to hold the security subject to\nsuch disposition thereof as shall be provided in a further order of the\ncourt to be made and entered in the foreclosure action, in accordance\nwith the provisions of section 7-105 of the general obligations law.\n  3. In a city with a population of one million or more persons an order\nappointing a receiver to receive the rents and profits of a multiple\ndwelling shall provide that the receiver:\n  (a) register with any municipal department as provided by applicable\nlaw; and\n  (b) expend rents and income and profits as described in subdivision\ntwo of this section, except that a priority shall be given to the\ncorrection of immediately hazardous and hazardous violations of housing\nmaintenance laws within the time set by orders of any municipal\ndepartment, or, if not practicable, seek a postponement of the time for\ncompliance.\n
N.Y. PEN Law § 5.00 — New York Code / Act PEN / Part 1 / Title A / Article 5 / Section 5.00
Penal law not strictly construed
Status: in_force

§ 5.00 Penal law not strictly construed.\n  The general rule that a penal statute is to be strictly construed does\nnot apply to this chapter, but the provisions herein must be construed\naccording to the fair import of their terms to promote justice and\neffect the objects of the law.\n
N.Y. ISC Law § 5516-D — New York Code / Act ISC / Article 55 / Section 5516-D
Further transfer of association funds
Status: in_force

§ 5516-d. Further transfer of association funds. Notwithstanding any\nother provision of law, the association and all officers and directors\nwith responsibility for custody or investment of the association's\nassets are authorized and directed to further transfer and deposit six\nmillion dollars to the credit of the medical assistance program general\nfund - local assistance account before January first, nineteen hundred\nninety-six.\n
N.Y. GMU Law § 561-B — New York Code / Act GMU / Article 15-A / Section 561-B
Fiscal year
Status: in_force

§ 561-b. Fiscal year.  The fiscal year of an agency shall begin on the\nsame day and end on the same day of the calendar month on which the\nfiscal year of the municipality wherein such agency is established shall\nbegin and end.\n