FrankGoortani/open-us-law huggingface dataset:
N.Y. RPP Law § 282 — New York Code / Act RPP / Article 8 / Section 282
Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property
Status: in_force

§ 282. Mortgagor's right to recover attorneys' fees in actions or\nproceedings arising out of foreclosures of residential property. 1.\nWhenever a covenant contained in a mortgage on residential real property\nshall provide that in any action or proceeding to foreclose the mortgage\nthat the mortgagee may recover attorneys' fees and/or expenses incurred\nas the result of the failure of the mortgagor to perform any covenant or\nagreement contained in such mortgage, or that amounts paid by the\nmortgagee therefor shall be paid by the mortgagor as additional payment,\nthere shall be implied in such mortgage a covenant by the mortgagee to\npay to the mortgagor the reasonable attorneys' fees and/or expenses\nincurred by the mortgagor as the result of the failure of the mortgagee\nto perform any covenant or agreement on its part to be performed under\nthe mortgage or in the successful defense of any action or proceeding\ncommenced by the mortgagee against the mortgagor arising out of the\ncontract, and an agreement that such fees and expenses may be recovered\nas provided by law in an action commenced against the mortgagee or by\nway of counterclaim in any action or proceeding commenced by the\nmortgagee against the mortgagor. Any waiver of this section shall be\nvoid as against public policy.\n  2. For the purposes of this section, "residential real property" means\nreal property improved by a one- to four-family residence, a condominium\nthat is occupied by the mortgagor or a cooperative unit that is occupied\nby the mortgagor.\n
N.Y. CPL Law § 260.10 — New York Code / Act CPL / Part 2 / Title J / Article 260 / Section 260.10
Jury trial; requirement thereof
Status: in_force

§ 260.10  Jury trial; requirement thereof.\n  Except as otherwise provided in section 320.10, every trial of an\nindictment must be a jury trial.\n
N.Y. STF Law § 97-AAA — New York Code / Act STF / Article 6 / Section 97-AAA
Clean water/clean air bond fund
Status: in_force

§ 97-aaa. Clean water/clean air bond fund.  1. There is hereby\nestablished in the joint custody of the state comptroller and the\ncommissioner of taxation and finance a special fund to be known as the\n"clean water/clean air bond fund".\n  2. The comptroller shall establish the following separate and distinct\naccounts within the clean water/clean air bond fund: (a) safe drinking\nwater account; (b) clean water account; (c) solid waste account; (d)\nenvironmental restoration account; and (e) air quality improvement\naccount.\n  3. All moneys received by the state from the sale of bonds or notes\nfor the purpose of the clean water/clean air bond fund shall be\ndeposited by the comptroller into the clean water/clean air bond fund\nestablished pursuant to this section.\n  4. Moneys in this fund, following appropriation by the legislature and\nallocation by the director of the budget, shall be available only for\nthe reimbursement of expenditures made from appropriations from the\ncapital projects fund for the purposes set forth in the Clean\nWater/Clean Air Bond Act of 1996.\n
N.Y. RRD Law § 59 — New York Code / Act RRD / Article 3 / Section 59
Penalty for excessive fare
Status: in_force

§ 59. Penalty for excessive fare. Any railroad corporation, which\nshall ask or receive more than the lawful rate of fare, unless such\novercharge was made through inadvertence or mistake, not amounting to\ngross negligence, shall forfeit fifty dollars, to be recovered with the\nexcess so received by the party paying the same; but no action can be\nmaintained therefor, unless commenced within one year after the cause of\naction accrued.\n
N.Y. UCC Law § 3-804 — New York Code / Act UCC / Article 3 / Part 8 / Section 3-804
Lost, Destroyed or Stolen Instruments
Status: in_force

Section 3--804. Lost, Destroyed or Stolen Instruments.\n  The owner of an instrument which is lost, whether by destruction,\ntheft or otherwise, may maintain an action in his own name and recover\nfrom any party liable thereon upon due proof of his ownership, the facts\nwhich prevent his production of the instrument and its terms. The court\nshall require security, in an amount fixed by the court not less than\ntwice the amount allegedly unpaid on the instrument, indemnifying the\ndefendant, his heirs, personal representatives, successors and assigns\nagainst loss, including costs and expenses, by reason of further claims\non the instrument, but this provision does not apply where an action is\nprosecuted or defended by the state or by a public officer in its\nbehalf.\n
N.Y. ISC Law § 2404 — New York Code / Act ISC / Article 24 / Section 2404
Power of superintendent
Status: in_force

§ 2404. Power of superintendent. The superintendent is empowered to\nexamine and investigate into the affairs of any person in order to\ndetermine whether the person has violated or is violating section two\nthousand four hundred three of this article.  In the event any person\ndoes not provide a good faith response to a request for information from\nthe superintendent, within a time period specified by the superintendent\nof not less than fifteen business days, as part of an examination or\ninvestigation initiated by the superintendent pursuant to this section\nrelating to accident insurance, health insurance, accident and health\ninsurance or health maintenance organization coverage, the\nsuperintendent is authorized, after notice and hearing, to levy a civil\npenalty against such person in an amount not to exceed five hundred\ndollars per day for each day beyond the date specified by the\nsuperintendent for response, but in no event shall such penalty exceed\nten thousand dollars. In the event the superintendent levies five\nseparate civil penalties against any one person within five years for\nfailure to comply with this section, the superintendent is authorized,\nafter notice and hearing, to levy an additional civil penalty against\nsuch person in an amount not to exceed fifty thousand dollars. The\nsuperintendent is also authorized to levy additional civil penalties not\nto exceed fifty thousand dollars, after notice and hearing, against such\nperson for every five subsequent violations of this section within a\nfive year period. Any person licensed pursuant to article twenty-one of\nthis chapter may surrender such license in lieu of payment of any civil\npenalty imposed by the superintendent pursuant to this section.\n
N.Y. BNK Law § 195 — New York Code / Act BNK / Article 4-A / Section 195
Rules, regulations and orders
Status: in_force

§ 195. Rules, regulations and orders. The superintendent shall have\npower to adopt, amend and enforce such rules, regulations and orders as\nthe superintendent may deem necessary to enable the superintendent to\nadminister and carry out the provisions of this article and to prevent\nevasions thereof.\n
N.Y. EXC Law § 299 — New York Code / Act EXC / Article 15 / Section 299
Penal provision
Status: in_force

§ 299. Penal provision.  Any person, employer, labor organization or\nemployment agency, who or which shall wilfully resist, prevent, impede\nor interfere with the division or any of its employees or\nrepresentatives in the performance of duty under this article, or shall\nwilfully violate an order of the division or commissioner, shall be\nguilty of a misdemeanor and be punishable by imprisonment in a\npenitentiary, or county jail, for not more than one year, or by a fine\nof not more than five hundred dollars, or by both; but procedure for the\nreview of the order shall not be deemed to be such wilful conduct.\n
N.Y. MHY Law § 81.27 — New York Code / Act MHY / Title E / Article 81 / Section 81.27
Commission to guardian
Status: in_force

§ 81.27 Commission to guardian.\n  Within five days after the guardian has filed a designation under\nsection 81.26 of this article, and has filed a bond in accordance with\nthe provisions of section 81.25 of this article unless the court has\nwaived the filing of the bond or unless the guardian's appointment is\npursuant to section 81.23 of this article, the clerk of the court shall\nissue a commission which shall state:\n  1. the title of the proceeding and the name, address, and telephone\nnumber of the incapacitated person; and\n  2. the name, address, and telephone number of the guardian and the\nspecific powers of such guardian; and\n  3. the date when the appointment of the guardian was ordered by the\ncourt; and\n  4. the date on which the appointment terminates if one has been\nordered by the court.\n
N.Y. FCT Law § 836 — New York Code / Act FCT / Article 8 / Part 3 / Section 836
Adjournments
Status: in_force

§ 836. Adjournments. (a) The court may adjourn a fact-finding hearing\nor a dispositional hearing for good cause shown on its own motion or on\nmotion of either party.\n  (b) At the conclusion of a fact-finding hearing and after it has made\nfindings required before a dispositional hearing may commence, the court\nmay adjourn the proceedings to enable it to make inquiry into the\nsurroundings, conditions, and capacities of the persons involved in the\nproceedings.\n
N.Y. YTS Law § 15-125 — New York Code / Act YTS / Article 10 / Section 15-125
Signing of returns and other documents
Status: in_force

§ 15-125. Signing of returns and other documents.\n  A. General. Any return, declaration, statement or other document\nrequired to be made pursuant to this article shall be signed in\naccordance with regulations or instructions prescribed by the State Tax\nCommission. The fact that an individual's name is signed to a return,\ndeclaration, statement or other document shall be prima facie evidence\nfor all purposes that the return, declaration, statement or other\ndocument was actually signed by him/her.\n  B. Partnerships. Any return, statement or other document required of a\npartnership shall be signed by one (1) or more partners. The fact that a\npartner's name is signed to a return, statement or other document shall\nbe prima facie evidence for all purposes that such partner is authorized\nto sign on behalf of the partnership.\n  C. Certification. The making or filing of any return, declaration,\nstatement or other document or copy thereof required to be made or filed\npursuant to this article, including a copy of a federal return, shall\nconstitute a certification by the person making or filing such return,\ndeclaration, statement or other document or copy thereof that the\nstatements contained therein are true and that any copy filed is a true\ncopy.\n
N.Y. SAP Law § 205 — New York Code / Act SAP / Article 2 / Section 205
Right to judicial review of rules
Status: in_force

§ 205. Right to judicial review of rules. Unless an exclusive\nprocedure or remedy is provided by law, judicial review of rules may be\nhad upon petition presented under article seventy-eight of the civil\npractice law and rules, or in an action for a declaratory judgment where\napplicable and proper.  The agency shall be made a party to the\nproceedings. Such a special proceeding or action may not be maintained\nunless the petitioner has first requested the agency to pass upon the\nvalidity or applicability of the rule in question and action has been\ntaken upon such a request or more than thirty days has elapsed since\nsuch request has been filed and no final action has been taken thereon\nor the agency has not provided for the issuance of such declaratory\nrulings under section two hundred four. Unless the agency acts upon such\nrequest within thirty days of its filing, such request shall be deemed\nto have been denied. Nothing in this section shall be construed to grant\nor deny to any person standing to petition under article seventy-eight\nof the civil practice law and rules or to bring an action for a\ndeclaratory judgment or to prohibit the determination of the validity or\napplicability of the rule in any other action or proceeding in which its\ninvalidity or inapplicability is properly asserted.\n
N.Y. CVS Law § 17 — New York Code / Act CVS / Article 2 / Title B / Section 17
Jurisdiction
Status: in_force

§ 17. Jurisdiction. 1. County civil service commission or personnel\nofficer. The civil service commission or personnel officer of a county\nshall administer the provisions of this chapter with respect to the\noffices and employments in the classified service of such county and the\ncivil divisions therein including school districts, except cities which\nare operating under one of the optional forms of civil service\nadministration provided in section fifteen of this chapter and the city\nschool districts of such cities.\n  2. City or suburban town civil service commission or personnel\nofficer.  Except as otherwise provided by special law enacted by the\nlegislature, the civil service commission or personnel officer of a city\nor suburban town described in subdivision four of section two of this\nchapter shall administer the provisions of this chapter with respect to\nthe offices and employments in the classified service of such suburban\ntown or city, including the city school districts of such city.\n  3. Regional civil service commission or regional personnel officer. A\nregional civil service commission or regional personnel officer shall\nadminister the provisions of this chapter with respect to the offices\nand employments which would otherwise be subject to the jurisdiction of\nthe civil service commissions or personnel officers of the respective\ncounties and cities under the jurisdiction of such regional civil\nservice commission or regional personnel officer.\n  4. Each municipal commission and personnel officer shall have power at\nits own expense to conduct examinations and establish eligible lists for\nany position within its jurisdiction.\n  5. Administration of certain director of facility positions.\nNotwithstanding the provisions of this section, chapter or any\nprovisions to the contrary contained in any general, special, or local\nlaws, the department shall develop a statewide exam for the positions of\ndirector of facilities I, II, & III in school districts throughout the\nstate. Such administration shall include the development of eligibility\ncriteria for examination of potential candidates for the positions of\ndirector of facilities I, II, & III based on qualifications and\nexperience in accordance with section fifty of this chapter. Such\nstatewide examinations shall not affect the ability of municipal civil\nservice commissions to determine promotion qualifications, announce\npromotion examinations and establish promotion eligible lists for these\npositions, consistent with statewide eligibility criteria as determined\nby the department. Any such promotion examination shall use the\nstatewide examination developed by the department.\n
N.Y. NAV Law § 135 — New York Code / Act NAV / Article 10 / Section 135
Claim for salvage
Status: in_force

§ 135. Claim for salvage. Every officer to whom any order duly made,\nfor the delivery of the wrecked property, or its proceeds, shall be\ndirected, shall present to the claimant exhibiting such order a written\nstatement of the claims for salvage and expenses on such property and\nproceeds. If the claimant shall refuse to allow such claims, the amount\nof such salvage and expenses shall be adjusted in the manner hereinafter\nprovided, and, after the payment or tender of the payment of such\nsalvage and expenses, as agreed to or adjusted, the officer, in whose\ncustody such property or proceeds shall be, shall deliver or pay the\nsame, according to the terms of the order directed to him.\n
N.Y. PAR Law § 25.01 — New York Code / Act PAR / Title D / Article 25 / Section 25.01
Rules and regulations
Status: in_force

§ 25.01 Rules and regulations.  With a view of achieving maximum use\nof snowmobiles and minimizing the detrimental effect thereof upon the\nenvironment, the commissioner shall adopt rules and regulations relating\nto and including, but not limited to the following:\n  1. Use of snowmobiles insofar as fish and wildlife resources are\naffected.\n  2. Use of snowmobiles on public lands and waters under the\njurisdiction of the office.\n  3. Uniform signs or markers to be used by governmental agencies which\nare necessary or desirable to control, direct, or regulate the operation\nand use of snowmobiles. Such signs as may be designated for use on\nhighways shall also be approved by the commissioner of transportation.\n  4. Specifications relating to equipment required for safety as\nprovided in section 25.17.\n  5. Requirements for the protection of private property or interests\ntherein occasioned by the use of snowmobiles.\n  6. Establishment of a comprehensive snowmobile information and safety\neducation and training program, including provision for issuance of\nsnowmobile safety certificates for operation of snowmobiles by youthful\noperators.\n  7. Granting of permits for and the conduct of special events as\nprovided in section 25.11.\n  8. Administration and enforcement of the provisions of section 25.13,\nrelating to insurance.\n  9. Such other matters as may be necessary or desirable to provide for\nthe effective administration and enforcement of the provisions of this\ntitle.\n
N.Y. TAX Law § 1439-DDD — New York Code / Act TAX / Article 31-A-4 / Section 1439-DDD
Liability for tax
Status: in_force

* § 1439-ddd. Liability for tax. 1. The real estate transfer tax shall\nbe paid by the grantee. If the grantee has failed to pay the tax imposed\npursuant to this article or if the grantee is exempt from such tax, the\ngrantor shall have the duty to pay the tax. Where the grantor has the\nduty to pay the tax because the grantee has failed to pay the tax, such\ntax shall be the joint and several liability of the grantee and the\ngrantor.\n  2. For the purpose of the proper administration of this article and to\nprevent evasion of the tax hereby imposed, it shall be presumed that all\nconveyances are subject to the tax. Where the consideration includes\nproperty other than money, it shall be presumed that the consideration\nis the fair market value of the real property or interest therein. These\npresumptions shall prevail until the contrary is proven, and the burden\nof proving the contrary shall be on the person liable for payment of the\ntax.\n  * NB Repealed December 31, 2045\n  * NB There are 2 § 1439-ddd's\n
N.Y. YTS Law § 15-114 — New York Code / Act YTS / Article 10 / Section 15-114
Title
Status: in_force

§ 15-114. Title.\n  This article shall be known as the "City of Yonkers Earnings Tax on\nNonresidents Act of 1984."\n
N.Y. PTR Law § 70 — New York Code / Act PTR / Article 6 / Section 70
Rights where partnership is dissolved for fraud, or misrepresentation
Status: in_force

§ 70. Rights where partnership is dissolved for fraud, or\nmisrepresentation.  Where a partnership contract is rescinded on the\nground of the fraud or misrepresentation of one of the parties thereto,\nthe party entitled to rescind is, without prejudice to any other right,\nentitled,\n  (a) To a lien on, or right of retention of, the surplus of the\npartnership property after satisfying the partnership liabilities to\nthird persons for any sum of money paid by him for the purchase of an\ninterest in the partnership and for any capital or advances contributed\nby him; and\n  (b) To stand, after all liabilities to third persons have been\nsatisfied, in the place of the creditors of the partnership for any\npayments made by him in respect of the partnership liabilities; and\n  (c) To be indemnified by the person guilty of the fraud or making the\nrepresentation against all debts and liabilities of the partnership.\n
N.Y. BNK Law § 374 — New York Code / Act BNK / Article 9-A / Section 374
Application of article
Status: in_force

§ 374. Application of article. 1. The provisions of this article shall\nnot apply when checks, drafts or money orders are cashed, other than by\na licensee, without a consideration or charge; nor when checks, drafts\nor money orders are cashed, other than by a licensee, as an incident to\nthe conduct of any other lawful business where not more than one dollar\nis charged for cashing each check, draft or money order; nor shall the\nprovisions of this article apply to any national bank, federal reserve\nbank, or to any person, partnership, association, corporation or other\norganization doing business under or pursuant to the provisions of this\nchapter, except a licensee under this article.\n  2. The provisions of this article shall apply to the operation of\nelectronic check cashing machines. No person, partnership, association,\ncorporation or other organization required to be licensed under this\narticle shall operate an electronic check cashing machine without being\nduly licensed by the superintendent to engage in such business pursuant\nto this article.\n  * 3. Notwithstanding the provisions of subdivisions one and two of\nthis section, no national bank or any person, partnership, association,\ncorporation or other organization doing business under or pursuant to\nthe provisions of this chapter, except a licensee under this article,\nshall conduct the business of cashing checks at a separate location\nwhich is used primarily by any such entity for the purpose of cashing\nchecks, or at a separate location by means of an electronic check\ncashing machine, unless such separate location is not closer than one\nthousand five hundred eighty-four feet (three-tenths of a mile) from an\nexisting licensee; provided however that this restriction shall not\napply to any separate location which was in operation prior to the\neffective date of this subdivision nor shall it apply to any national\nbank or any person, partnership, association, corporation or other\norganization doing business under or pursuant to the provisions of this\nchapter which was engaged in the business of electronic check cashing\nmachines in this state prior to the effective date of this subdivision.\n  * NB Repealed August 1, 2027\n  4. Notwithstanding the provisions of article four-A of this chapter\nand any rules or regulations adopted thereunder, a public accommodation\noffice shall be deemed a separate location for purposes of subdivision\nthree of this section if such office is used primarily for the purpose\nof cashing of checks. A public accommodation office, for purposes of\nthis subdivision, shall include, without limitation, both those public\naccommodation offices for which regulatory approval is required and\nthose public accommodation offices for which regulatory approval is not\nrequired. The provisions of this subdivision shall be deemed to apply to\nany similar facility established by a national bank.\n
N.Y. GBS Law § 339-F — New York Code / Act GBS / Article 21-A / Section 339-F
Delivery to customers of memoranda of transactions by brokers
Status: in_force

§ 339-f. Delivery to customers of memoranda of transactions by\nbrokers. A person engaged in the business of purchasing or selling as\nbroker stocks, bonds and other evidences of debt of corporations,\ncompanies or associations shall deliver to each customer on whose behalf\na purchase or sale of such securities is made by him a statement or\nmemorandum of such purchase or sale, a description of the securities\npurchased or sold, the name of the person, firm or corporation from whom\nsuch securities were purchased, or to which the same were sold, and the\nday, and the hours between which the transaction took place.  A broker\nwho refuses to deliver such statement or memorandum to a customer within\ntwenty-four hours after a written demand therefor, or who delivers a\nstatement or memorandum which is false in any material respect, is\nguilty of a misdemeanor.\n