FrankGoortani/open-us-law huggingface dataset:
N.Y. UCC Law § 9-404 — New York Code / Act UCC / Article 9 / Part 4 / Section 9-404
Rights Acquired by Assignee; Claims and Defenses Against Assignee
Status: in_force

Section 9--404. Rights Acquired by Assignee; Claims and Defenses Against\n                  Assignee.\n  (a) Assignee's rights subject to terms, claims, and defenses;\nexceptions. Unless an account debtor has made an enforceable agreement\nnot to assert defenses or claims, and subject to subsections (b) through\n(e), the rights of an assignee are subject to:\n       (1) all terms of the agreement between the account debtor and\n           assignor and any defense or claim in recoupment arising from\n           the transaction that gave rise to the contract; and\n       (2) any other defense or claim of the account debtor against the\n           assignor which accrues before the account debtor receives a\n           notification of the assignment signed by the assignor or the\n           assignee.\n  (b) Account debtor's claim reduces amount owed to assignee. Subject to\nsubsection (c) and except as otherwise provided in subsection (d), the\nclaim of an account debtor against an assignor may be asserted against\nan assignee under subsection (a) only to reduce the amount the account\ndebtor owes.\n  (c) Rule for individual under other law. This section is subject to\nlaw other than this article which establishes a different rule for an\naccount debtor who is an individual and who incurred the obligation\nprimarily for personal, family, or household purposes.\n  (d) Omission of required statement in consumer transaction. In a\nconsumer transaction, if a record evidences the account debtor's\nobligation, law other than this article requires that the record include\na statement to the effect that the account debtor's recovery against an\nassignee with respect to claims and defenses against the assignor may\nnot exceed amounts paid by the account debtor under the record, and the\nrecord does not include such a statement, the extent to which a claim of\nan account debtor against the assignor may be asserted against an\nassignee is determined as if the record included such a statement.\n  (e) Inapplicability to health-care-insurance receivable. This section\ndoes not apply to an assignment of a health-care-insurance receivable.\n
N.Y. PEN Law § 130.91 — New York Code / Act PEN / Part 3 / Title H / Article 130 / Section 130.91
Sexually motivated felony
Status: in_force

§ 130.91 Sexually motivated felony.\n  1. A person commits a sexually motivated felony when he or she commits\na specified offense for the purpose, in whole or substantial part, of\nhis or her own direct sexual gratification.\n  2. A "specified offense" is a felony offense defined by any of the\nfollowing provisions of this chapter: assault in the second degree as\ndefined in section 120.05, assault in the first degree as defined in\nsection 120.10, gang assault in the second degree as defined in section\n120.06, gang assault in the first degree as defined in section 120.07,\nstalking in the first degree as defined in section 120.60, strangulation\nin the second degree as defined in section 121.12, strangulation in the\nfirst degree as defined in section 121.13, manslaughter in the second\ndegree as defined in subdivision one of section 125.15, manslaughter in\nthe first degree as defined in section 125.20, murder in the second\ndegree as defined in section 125.25, aggravated murder as defined in\nsection 125.26, murder in the first degree as defined in section 125.27,\nkidnapping in the second degree as defined in section 135.20, kidnapping\nin the first degree as defined in section 135.25, burglary in the third\ndegree as defined in section 140.20, burglary in the second degree as\ndefined in section 140.25, burglary in the first degree as defined in\nsection 140.30, arson in the second degree as defined in section 150.15,\narson in the first degree as defined in section 150.20, robbery in the\nthird degree as defined in section 160.05, robbery in the second degree\nas defined in section 160.10, robbery in the first degree as defined in\nsection 160.15, promoting prostitution in the second degree as defined\nin section 230.30, promoting prostitution in the first degree as defined\nin section 230.32, compelling prostitution as defined in section 230.33,\nsex trafficking of a child as defined in section 230.34-a, disseminating\nindecent material to minors in the first degree as defined in section\n235.22, use of a child in a sexual performance as defined in section\n263.05, promoting an obscene sexual performance by a child as defined in\nsection 263.10, promoting a sexual performance by a child as defined in\nsection 263.15, or any felony attempt or conspiracy to commit any of the\nforegoing offenses.\n
N.Y. FIS Law § 806 — New York Code / Act FIS / Article 8 / Section 806
Factoring transaction disclosure requirements
Status: in_force

§ 806. Factoring transaction disclosure requirements. A provider,\nsubject to this article, shall provide the following disclosures to a\nrecipient at the time of extending a specific offer for a factoring\ntransaction according to formatting prescribed by the superintendent:\n  (a) The amount of the receivables purchase price paid to the recipient\nand, if different from the purchase price, the amount disbursed to the\nrecipient after any fees deducted or withheld at disbursement.\n  (b) The finance charge.\n  (c) The estimated annual percentage rate, using that term, calculated\naccording to the federal Truth in Lending Act, Regulation Z, 12 C.F.R. §\n1026 Appendix J, as a "single advance, single payment transaction",\nregardless of whether such act or such regulation would require such a\ncalculation. To calculate the estimated annual percentage rate, the\npurchase amount is considered the financing amount, the purchase amount\nminus the finance charge is considered the payment amount, and the term\nis established by the payment due date of the receivables. As an\nalternate method of establishing the term, the provider may estimate the\nterm for a factoring transaction as the average payment period, its\nhistorical data over a period not to exceed the previous twelve months,\nconcerning payment invoices paid by the party owing the accounts\nreceivable in question.\n  (d) The total payment amount, which is the purchase amount plus the\nfinance charge.\n  (e) A description of all other potential fees and charges that can be\navoided by the recipient.\n  (f) A description of the receivables purchased and any additional\ncollateral requirements or security interests.\n
N.Y. LAB Law § 923 — New York Code / Act LAB / Article 31 / Section 923
Unemployment compensation insurance
Status: in_force

§ 923. Unemployment compensation insurance. 1. During the term of a\nprofessional employer agreement, a professional employer organization\nshall be liable in accordance with the provisions of article eighteen of\nthis chapter for the payment of contributions, penalties and interest on\nwages paid by the professional employer organization to worksite\nemployees.\n  2. The professional employer organization shall report and pay all\nrequired contributions to the unemployment compensation fund using the\nstate employer account number and the contribution rate of the\nprofessional employer organization.\n
N.Y. DCD Law § 83 — New York Code / Act DCD / Article 3 / Section 83
Effect of discharge
Status: in_force

§ 83. Effect of discharge. Except as prescribed in the next two\nsections, a discharge granted as prescribed in this article, exonerates\nand discharges the petitioner from every debt, due at the time when he\nexecuted his assignment, including a debt contracted before that time,\nthough payable afterwards; and from every liability incurred by him, by\nmaking or indorsing a promissory note, or by accepting, drawing, or\nindorsing a bill of exchange, before the execution of his assignment; or\nincurred by him, in consequence of the payment, by any party to such a\nnote or bill, of the whole or any part of the money secured thereby,\nwhether the payment is made before or after the execution of the\nassignment. At any time after one year has elapsed, since the recording\nof the discharge, and the petition, affidavits, orders, schedule and\nother papers upon which the discharge was granted, as prescribed in\nsection eighty-two of this chapter, the petitioner may apply, upon proof\nof his discharge, to the court in which a judgment shall have been\nrendered against him, for an order directing the judgment to be canceled\nand discharged of record. If it appears that he has been discharged from\nthe payment of that judgment, an order must be made accordingly, and\nthereupon the clerk must cancel and discharge the docket thereof, as if\nthe proper satisfaction-piece of the judgment was filed. Notice of the\napplication, accompanied with copies of the papers upon which it is\nmade, must be given to the judgment creditor, unless his written consent\nto the granting of the order, with satisfactory proof of the execution\nthereof, and if he is not the party in whose favor the judgment was\nrendered, that he is the owner thereof, is presented to the court upon\nthe application.\n
N.Y. UCC Law § 1-307 — New York Code / Act UCC / Article 1 / Part 3 / Section 1-307
Prima Facie evidence by Third-party Documents
Status: in_force

Section 1--307. Prima Facie evidence by Third-party Documents.\n  A document in due form purporting to be a bill of lading, policy or\ncertificate of insurance, official weigher's or inspector's certificate,\nconsular invoice, or any other document authorized or required by the\ncontract to be issued by a third party is prima facie evidence of its\nown authenticity and genuineness and of the facts stated in the document\nby the third party.\n
N.Y. ISC Law § 7108 — New York Code / Act ISC / Article 71 / Section 7108
Filing of agreement of merger or consolidation
Status: in_force

§ 7108. Filing of agreement of merger or consolidation. A duplicate or\ncertified copy of the agreement of merger or consolidation with the\napproval of the superintendent endorsed thereon shall be filed in the\noffice of the clerk of the county where the principal office of each\ndomestic constituent company is located and upon such filing, if all\nother requirements have been fulfilled, such merger or consolidation\nshall become effective.\n
N.Y. SCT Law § 2 — New York Code / Act SCT / Article 1 / Section 2
Salary of assessors
Status: in_force

§ 2. Salary of assessors. The assessors in each town shall receive an\nannual salary which shall be fixed by the town board, and shall be a\ntown charge and shall be payable in equal monthly installments. Such\nsalary shall be in lieu of the compensation provided by any other law.\n
N.Y. WKC Law § 130 — New York Code / Act WKC / Article 7 / Section 130
Workmen's compensation premiums shall be deemed preferred claims
Status: in_force

§ 130. Workmen's compensation premiums shall be deemed preferred\nclaims. All premiums and interest charges on account of policies\ninsuring employers against liability under this chapter which may be due\nto the state insurance fund, or any stock corporation or mutual\nassociation authorized to transact the business of insurance in this\nstate, and all judgments recovered by the state insurance fund or any\nsuch insurance corporation or association against any employer on\nactions brought under any such policy, shall be deemed preferred claims\nin all insolvency or bankruptcy proceedings, trustee proceedings for\nadministration of estates and receiverships involving the employer\nliable therefor or the property of such employer, provided however that\nclaims for wages shall receive prior preference in all such proceedings.\n
N.Y. BNK Law § 38 — New York Code / Act BNK / Article 2 / Section 38
Power of subpoena
Status: in_force

§ 38. Power of subpoena. 1. The superintendent shall have power at all\ntimes, either personally or by his deputies, including special deputy\nsuperintendents, or examiners, to subpoena witnesses, to compel their\nattendance, to administer an oath, to examine any person under oath and\nto require the production of any relevant books or papers. Such\nexamination may be conducted on any subject relating to the duties\nimposed upon, or the powers vested in, the superintendent under the\nprovisions of this chapter. Any corporation, association, partnership or\nindividual which fails to obey the command of a subpoena without\nreasonable excuse or refuses, without reasonable cause, to be sworn or\nto be examined or to answer a question or to produce a book or paper\nwhen ordered so to do by the officer duly conducting such inquiry, or\nfails to perform any act required hereunder to be performed, shall be\nguilty of a misdemeanor and shall also be subject to the compulsions\nprovided by the civil practice law and rules. Any officer participating\nin such inquiry and any person examined as a witness upon such inquiry\nwho shall disclose to any person other than the superintendent the name\nof any witness examined or any other information obtained upon such\ninquiry, except as directed by the superintendent, shall be guilty of a\nmisdemeanor.\n  2. In any such investigation before the superintendent or before his\ndeputy or any other officer duly designated by him to conduct such\ninvestigation, the superintendent or such deputy or officer may confer\nimmunity in accordance with the provisions of section 50.20 of the\ncriminal procedure law.\n
N.Y. CVR Law § 48-B — New York Code / Act CVR / Article 4-C / Section 48-B
Penalties
Status: in_force

§ 48-b. Penalties. Any person or legal entity, public or private, who\nor which violates any provision of section forty-eight-a of this article\nshall be guilty of a violation.\n
N.Y. UCC Law § 8-504 — New York Code / Act UCC / Article 8 / Part 5 / Section 8-504
Duty of Securities Intermediary to Maintain Financial Asset
Status: in_force

Section 8--504. Duty of Securities Intermediary to Maintain Financial\n                  Asset.\n  (a) A securities intermediary shall promptly obtain and thereafter\nmaintain a financial asset in a quantity corresponding to the aggregate\nof all security entitlements it has established in favor of its\nentitlement holders with respect to that financial asset. The securities\nintermediary may maintain those financial assets directly or through one\nor more other securities intermediaries.\n  (b) Except to the extent otherwise agreed by its entitlement holder, a\nsecurities intermediary may not grant any security interests in a\nfinancial asset it is obligated to maintain pursuant to subsection (a).\n  (c) A securities intermediary satisfies the duty in subsection (a) if:\n       (1) the securities intermediary acts with respect to the duty as\n           agreed upon by the entitlement holder and the securities\n           intermediary; or\n       (2) in the absence of agreement, the securities intermediary\n           exercises due care in accordance with reasonable commercial\n           standards to obtain and maintain the financial asset.\n  (d) This section does not apply to a clearing corporation that is\nitself the obligor of an option or similar obligation to which its\nentitlement holders have security entitlements.\n
N.Y. TWN Law § 234 — New York Code / Act TWN / Article 15 / Section 234
Disposition of proceeds of bonds, notes or certificates
Status: in_force

§ 234. Disposition of proceeds of bonds, notes or certificates.  All\nmoneys derived from the sale of bonds or notes shall be kept as a\nseparate fund by the supervisor. Such moneys shall be disbursed only in\nthe manner provided by section one hundred nineteen of this chapter.\n
N.Y. GBS Law § 351-C — New York Code / Act GBS / Article 23 / Section 351-C
Corporations; additional penalty for second offense
Status: in_force

§ 351-c. Corporations; additional penalty for second offense. If a\ndomestic corporation shall be convicted of a second offense hereunder\nthe supreme court shall have jurisdiction upon an action brought by the\nattorney-general, in the name of the people, for that purpose, to\ndissolve such corporation; and if a foreign corporation shall be\nconvicted of a second offense, such court shall have jurisdiction in an\naction brought in like manner to restrain such corporation from doing\nbusiness in this state.\n
N.Y. TWN Law § 194-A — New York Code / Act TWN / Article 12 / Section 194-A
Powers of town boards with respect to certain contracts
Status: in_force

§ 194-a. Powers of town boards with respect to certain contracts. Upon\nthe adoption of a resolution, the town board of any town may enter into\nsuch contracts, as it may deem necessary, with any person, corporation\nor association for the purpose of ensuring that the cost of any\nimprovement district will not constitute an undue burden upon the\nproperty within such district and may require the filing of a surety\nbond or bonds or the deposit of cash or securities with the town board\nto ensure the performance of such contracts.\n
N.Y. PBG Law § 34 — New York Code / Act PBG / Article 3 / Section 34
Vacancies and removals
Status: in_force

§ 34. Vacancies and removals.  A vacancy occurring other than by\nreason of the expiration of the term of a member of an authority shall\nbe filled for the unexpired term.  The mayor of a city or village, or\nthe town board of a town, may remove a member of the authority for\ninefficiency, neglect of duty, or misconduct in office, but only after\nthe member shall have been given a copy of the charges against him and\nan opportunity to be heard in person or by counsel in his own defense at\na public hearing. In the event of removal, the mayor of a city or\nvillage, or the town board of a town, shall file with the commissioner a\nrecord of the proceedings together with a copy of the charges made\nagainst the member and his or its findings thereon.  Pending the\ndetermination of charges against a member, the mayor or the town board,\nas the case may be, may suspend him from office.\n
N.Y. MIL Law § 48 — New York Code / Act MIL / Article 2 / Section 48
Organization of militia units
Status: in_force

§ 48. Organization of militia units.  The governor shall conform the\norganization of the New York national guard and the New York naval\nmilitia, including the composition of all units thereof, to the\norganization of national guard and naval militia units prescribed by the\nlaws of the United States and the regulations issued thereunder.  For\nthat purpose, the governor is hereby authorized to organize, reorganize,\ninactivate or disband any unit, headquarters or staff therein; to\nincrease or decrease the number of commissioned officers, commissioned\nwarrant officers, warrant officers and enlisted personnel of any grade\ntherein; and to increase or decrease the strength of the New York\nnational guard and the New York naval militia; provided, that no\norganization of the New York national guard the members of which shall\nbe entitled to and shall have received compensation under the applicable\nlaws of the United States shall be disbanded without the consent of the\npresident of the United States, nor, without such consent, shall the\ncommissioned or enlisted strength of any organization in the New York\nnational guard be reduced below the minimum that shall be prescribed\ntherefor by the president of the United States.\n
N.Y. COR Law § 754 — New York Code / Act COR / Article 23-A / Section 754
Written statement upon denial of license or employment
Status: in_force

§ 754. Written statement upon denial of license or employment.  At the\nrequest of any person previously convicted of one or more criminal\noffenses who has been denied a license or employment, a public agency or\nprivate employer shall provide, within thirty days of a request, a\nwritten statement setting forth the reasons for such denial.\n
N.Y. RCO Law § 161 — New York Code / Act RCO / Article 8 / Section 161
The meeting for incorporation
Status: in_force

§ 161. The meeting for incorporation.  At the meeting for\nincorporation, held in pursuance of such notice, the qualified voters,\nuntil otherwise decided as hereinafter provided, shall be all persons of\nfull age who have statedly worshiped with such church and have regularly\ncontributed to its support, according to its usages, for at least one\nyear or since it was formed. At such meeting the presence of a majority\nof such qualified voters, in person, or by proxy duly authorized in\nwriting, at least six in number, shall be necessary to constitute a\nquorum, and all matters or questions shall be decided by a majority of\nthe qualified voters voting thereon.  The meeting shall be called to\norder by one of the signers of the call. There shall be elected at such\nmeeting, from the qualified voters then present, a presiding officer, a\nclerk to keep the record of the proceedings of the meeting and two\ninspectors of election to receive the ballots cast. The presiding\nofficer and the inspectors shall decide the result of the ballots cast\non any matter, and shall be the judges of the qualifications of the\nvoters. If the meeting shall decide that such unincorporated church\nshall become incorporated, the meeting shall also decide upon the name\nof the proposed corporation, the number of the trustees thereof, which\nshall be three, six or nine, and the date, not more than fifteen months\nthereafter, on which the first annual election of the trustees thereof\nshall be held; and it may, by a two-thirds vote, decide that all members\nof the unincorporated church, of full age, in good and regular standing\nwho have statedly worshiped with such church but who have not\ncontributed to the financial support thereof, shall also be qualified\nvoters at such meeting, and that such church members, who, for one year\nnext preceding any subsequent corporate meeting, shall have statedly\nworshiped with such church and have been members thereof in good and\nregular standing, but have not regularly contributed to the financial\nsupport thereof, shall be qualified voters at such corporate meetings.\nSuch meetings shall thereupon elect by ballot from the persons qualified\nto vote thereat one-third of the number of trustees so decided on, who\nshall hold office until the first annual election of trustees\nthereafter, one-third of such number of trustees who shall hold office\nuntil the second annual election of trustees thereafter, and one-third\nof such number of trustees who shall hold office until the third annual\nelection of trustees thereafter, or until the respective successors of\nsuch trustees shall be elected. Such meeting shall also elect by ballot\na clerk of the corporation, who shall hold his office until the close of\nthe next annual meeting.\n
N.Y. GMU Law § 400 — New York Code / Act GMU / Article 14-C / Section 400
Short title
Status: in_force

§ 400. Short title. This article may be cited as the\n"revenue-producing undertaking law. "\n
N.Y. TWN Law § 113 — New York Code / Act TWN / Article 8 / Section 113
Transfers from general purpose funds to other funds
Status: in_force

§ 113. Transfers from general purpose funds to other funds.\nNotwithstanding any other provision of law, the town board may, by\nresolution, authorize the transfer of surplus moneys, contingent\nappropriations, and unexpended balances\n  (1) from the fund maintained for general town purposes and comprised\nof moneys which, if raised by taxes, would be raised by taxes levied on\nproperty in the entire area of the town, to any of the funds or accounts\nauthorized by section one hundred forty-one of the highway law and\ncomprised of moneys which, if raised by taxes, would be raised by taxes\nlevied on property in the entire area of the town; and,\n  (2) from the fund maintained for general town purposes and comprised\nof moneys which, if raised by taxes, would be raised by taxes levied\nsolely on property in the area of the town outside of villages, to any\nof the funds or accounts authorized by section one hundred forty-one of\nthe highway law which are comprised of moneys which, if raised by taxes,\nwould be raised by taxes levied solely on property in such area.\n