dliu1/legal-llama-raw-text huggingface dataset:
or  indirect  participation  in any such undertaking, or participates or
has a participation in the direct or indirect underwriting of  any  such
undertaking;  but such term shall not include a person whose interest is
limited to a commission from an underwriter or dealer not in  excess  of
the usual and customary distributors' or sellers' commission.
(2)  The  term  director means any director of a corporation, or any
individual performing similar functions with respect to any organization
whether incorporated or unincorporated.
(3) The term executive  officer  means  the  president,  every  vice
president,  every  trust  officer,  the  cashier, the secretary, and the
treasurer of a corporation, and any  individual  customarily  performing
similar  functions with respect to any organization whether incorporated
or unincorporated, but shall not include the chairman of  the  board  of
directors.
(4)    The  term  obligor,  when  used with respect to any indenture
security, means every  person  who  is  liable  thereon,  and,  if  such
security  is a certificate of interest or participation, such term means
also every person who is liable upon the security or securities in which
such certificate evidences an interest or participation; but  such  term
shall   not   include   the  trustee  under  an  indenture  under  which
certificates of interest or participation, equipment trust certificates,
or like securities are outstanding.
(5) The term voting security means any security presently  entitling
the  owner  or  holder thereof to vote in the direction or management of
the affairs of a person, or any security issued under or pursuant to any
trust, agreement, or arrangement whereby a trustee or trustees or  agent
or  agents  for  the  owner  or  holder  of  such security are presently
entitled to vote in the direction or management  of  the  affairs  of  a
person;  and a specified percentage of the voting securities of a person
means such amount of the outstanding voting securities of such person as
entitles the holder or holders thereof to cast such specified percentage
of the aggregate votes which the holders of all the  outstanding  voting
securities  of  such  person  are  entitled  to cast in the direction or
management of the affairs of such a person.
ARTICLE 6
DOWER AND CURTESY
Section 189.   Estate of curtesy abolished.
190.   Dower.
190-b. Lands reacquired by the husband.
191.   Dower in lands exchanged.
192.   Dower in lands mortgaged before marriage.
193.   Dower in lands mortgaged for purchase-money.
194.   Surplus proceeds of sale under purchase-money mortgages.
195.   Widow of mortgagee not endowed.
196.   When dower barred by misconduct.
196-a. When dower barred by dissolution of marriage.
197.   When dower barred by jointure.
198.   When dower barred by pecuniary provisions.
199.   When widow to elect between jointure and dower.
200.   Election between devise and dower.
201.   When deemed to have elected.
202.   When provision in lieu of dower is forfeited.
203.   Effect of acts of husband.
204.   Widow's quarantine.
205.   Widow may bequeath a crop.
206.   Divorced woman may release dower.
207.   Married woman may release dower by attorney.
§  189.  Estate  of  curtesy  abolished.  The common law estate by the
curtesy in the real property of a wife dying after the thirty-first  day
of  August,  nineteen  hundred  and  thirty,  and all its incidents, are
hereby abolished.
§  190. Dower. When the parties intermarried prior to the first day of
September, nineteen hundred and thirty, a widow shall be endowed of  the
third  part  of all the lands whereof her husband was prior to the first
day of September, nineteen hundred and thirty, seized of  an  estate  of
inheritance,  at  any  time  during the marriage. Except as hereinbefore
provided, after the thirty-first day of  August,  nineteen  hundred  and
thirty,  no  inchoate right of dower shall be possessed by a wife during
coverture, and no widow shall be  endowed,  in  any  lands  whereof  her
husband became seized of an estate of inheritance.
§  190-b.  Lands reacquired by the husband. Lands in which the husband
did not have an estate  of  inheritance  on  September  first,  nineteen
hundred  thirty,  and  in  which  the wife did not then have an inchoate
right of dower, shall not be subject to dower or an  inchoate  right  of
dower if acquired by the husband after said date, although they had been
owned by the husband prior to said date.
§  191.  Dower in lands exchanged. If a husband seized of an estate of
inheritance in lands, exchanges them for other lands,  his  widow  shall
not have dower of both, but she must make her election, to be endowed of
the  lands given, or of those taken, in exchange; and if her election be
not evinced by the commencement of an action to recover her dower of the
lands given in exchange, within one year after the death of her husband,
she is deemed to have elected to take her dower of the lands received in
§ 192. Dower in lands mortgaged before marriage. Where a person seized
of  an  estate  of  inheritance  in  lands, executes a mortgage thereof,
before marriage, his widow is, nevertheless, entitled to  dower  of  the
lands  mortgaged, as against every person except the mortgagee and those
claiming under him.
§  193.  Dower  in lands mortgaged for purchase-money. Where a husband
purchases lands during the marriage, and at the same time mortgages  his
estate  in  those lands to secure the payment of the purchase-money, his
widow is not entitled to dower of those lands, as against the  mortgagee
or those claiming under him, although she did not unite in the mortgage.
She is entitled to her dower as against every other person.
§  194.  Surplus  proceeds  of  sale  under  purchase-money mortgages.
Where, in a case specified in the last  section,  the  mortgagee,  or  a
person  claiming  under him, causes the land mortgaged to be sold, after
the death of the husband, either under a power of sale contained in  the
mortgage,  or  by  virtue  of  a  judgment in an action to foreclose the
mortgage, and any surplus remains, after payment of the money due on the
mortgage  and  the  costs  and  charges  of  the  sale,  the  widow   is
nevertheless entitled to the interest or income of one-third part of the
surplus for her life, as her dower.
§ 195. Widow of mortgagee not endowed. A widow shall not be endowed of
the lands conveyed to her husband by way of mortgage, unless he acquires
an absolute estate therein, during the marriage.
§  196.  When  dower  barred  by  misconduct.  In  case  of a divorce,
dissolving the marriage contract for the misconduct  of  the  wife,  she
shall not be endowed.
§  196-a.  When  dower barred by dissolution of marriage. In case of a
dissolution of the marriage because of the absence of the wife for  five
successive  years,  as  provided  in  section  seven-a  of  the domestic
relations law, she shall not be endowed.
§ 197. When dower barred by jointure. Where an estate in real property
is  conveyed  to a person and his intended wife, or to the intended wife
alone, or to a person in trust for them or for the intended wife  alone,
for the purpose of creating a jointure for her, and with her assent, the
jointure  bars  her  right  or  claim  of  dower in all the lands of the
husband. The assent of the wife to such a jointure is evidenced, if  she
be of full age, by her becoming a party to the conveyance by which it is
settled;  if  she be a minor, by her joining with her father or guardian
in that conveyance.
§  198.  When  dower  barred  by  pecuniary  provisions. Any pecuniary
provision, made for the benefit of an  intended  wife  and  in  lieu  of
dower, if assented to by her as prescribed in the last section, bars her
right or claim of dower in all the lands of her husband.
§  199. When widow to elect between jointure and dower. If, before the
marriage, but without her  assent,  or,  if  after  the  marriage,  real
property  is given or assured for the jointure of a wife, or a pecuniary
provision is made for her, in lieu of dower, she must make her  election
whether she will take the jointure or pecuniary provision, or be endowed
of the lands of her husband; but she is not entitled to both.
§  200. Election between devise and dower. If real property is devised
to a woman, or a pecuniary or other provision is made for her by will in
lieu of her dower, she must make her election whether she will take  the
property  so  devised,  or  the provisions so made, or be endowed of the
lands of her husband; but she is not entitled to both.
§  201.  When  deemed to have elected. Where a woman is entitled to an
election, as prescribed in either of  the  last  two  sections,  she  is
deemed  to  have  elected  to  take  the  jointure,  devise or pecuniary
provision, unless within six months after the death of her  husband  she
enters  upon  the  lands  assigned to her for her dower, or commences an
action for her dower. But, during such period of six  months  after  the
death  of  her  said  husband,  her  time  to  make such election may be
enlarged by the order of any court competent to pass on the accounts  of
executors,  administrators  or  testamentary  trustees,  or to admeasure
dower, on an affidavit showing the pendency of a proceeding  to  contest
the  probate  of  the will containing such jointure, devise or pecuniary
provision, or of an action to construe or set aside such will,  or  that
the  amount  of  claims  against  the  estate of the testator can not be
ascertained within the period so limited, or other reasonable cause, and
on notice given to such persons, and in such manner, as such  court  may
direct. Such order shall be indexed and recorded in the same manner as a
notice  of  pendency of action in the office of the clerk of each county
wherein the real property or  a  portion  thereof  affected  thereby  is
Situated.
§  202.  When provision in lieu of dower is forfeited. Every jointure,
devise and pecuniary provision in lieu of  dower  is  forfeited  by  the
woman  for whose benefit it is made in a case in which she would forfeit
her dower; and on such forfeiture, an estate so conveyed  for  jointure,
or  devised,  or a pecuniary provision so made, immediately vests in the
person or legal representatives of the person in whom  they  would  have
vested on the determination of her interest therein, by her death.
§ 203. Effect of acts of husband. An act, deed or conveyance, executed
or performed by the husband without the assent of his wife, evidenced by
her  acknowledgment  thereof,  in the manner required by law to pass the
contingent right of dower of a married woman, or a  judgment  or  decree
confessed by or recovered against him, or any laches, default, covin, or
crime  of  a  husband,  does  not prejudice the right of his wife to her
dower or jointure, or preclude her from the recovery thereof.
§  204.  Widow's  quarantine. A widow may remain in the chief house of
her husband forty days after his death,  whether  her  dower  is  sooner
assigned  to  her or not, without being liable to any rent for the same;
and in the meantime she may have her reasonable sustenance  out  of  the
estate of her husband.
§  205.  Widow may bequeath a crop. A widow may bequeath a crop in the
ground of land held by her in dower.
§  206. Divorced woman may release dower. A woman who is divorced from
her husband, whether such divorce be absolute or limited, or granted  in
his or her favor, by any court of competent jurisdiction, may release to
him,  by  an  instrument  in  writing,  sufficient to pass title to real
estate, her inchoate right  of  dower  in  any  specific  real  property
theretofore  owned  by  him, or generally in all such real property, and
such as he shall thereafter acquire.
§ 207. Married woman may release dower by attorney. A married woman of
full  age  may  release  her inchoate right of dower in real property by
attorney in fact in any case where she can personally release the same.
ARTICLE 7
Landlord and Tenant
Section  220.     Action for use and occupation.
221.     Rent due on life leases recoverable.
222.     When rent is apportionable.
223.     Rights where property or lease is transferred.
223-a.   Remedies of lessee when possession is not delivered.
223-b.   Retaliation by landlord against tenant.
224.     Attornment by tenant.
225.     Notice of action adverse to possession of tenant.
226.     Effect of renewal on sub-lease.
226-a.   Effect  of  new  lease  on  tenant's  right  to remove
fixtures or improvements.
226-b.   Right to sublease or assign.
226-c.   Notice of rent increase or non-renewal of  residential
tenancy.
227.     When tenant may surrender premises.
227-a.   Termination of residential lease by senior citizens or
individuals  with a disability moving to a residence
of a family member or entering certain  health  care
facilities,   adult   care   facilities  or  housing
227-b.   Termination of certain contracts by senior citizens.
227-c.   Termination  of  residential  lease  by   victims   of
domestic violence.
227-d.   Discrimination  based  on  domestic  violence  status;
prohibited.
227-e.   Landlord duty to mitigate damages.
227-f.   Denial on the basis of involvement in  prior  disputes
228.     Termination  of tenancies at will or by sufferance, by
229.     Liability of tenant holding over after  giving  notice
of intention to quit.
230.     Right  of  tenants  to  form,  join  or participate in
tenants' groups.
231.     Lease, when void; liability of landlord where premises
are occupied for unlawful purpose.
231-a.   Sprinkler system notice in residential leases.
231-b.   Flood history and risk notice in residential leases.
232.     Duration of certain agreements in New York.
232-a.   Notice to terminate monthly tenancy  or  tenancy  from
month to month in the city of New York.
232-b.   Notification  to  terminate monthly tenancy or tenancy
from month to month outside the city of New York.
232-c.   Holding over by a tenant after expiration  of  a  term
longer than one month; effect of acceptance of rent.
233.     Manufactured home parks; duties, responsibilities.
233-a.   Sale of manufactured home parks.
233-b.   Manufactured home parks; rent increases.
233-b*2. Campgrounds.
234.     Right to recover attorneys' fees in actions or summary
proceedings  arising  out  of  leases of residential
234-a.   Unauthorized legal fees.
235.     Wilful violations.
235-a.   Tenant right to offset  payments  and  entitlement  to
damages in certain cases.
235-b.   Warranty of habitability.
235-bb.  Certificates  of  occupancy;  required  disclosure  to
tenant.
235-c.   Unconscionable lease or clause.
235-d.   Harassment.
235-e.   Duty to provide written receipt.
235-f.   Unlawful restrictions on occupancy.
235-g.   Electronic billing andor payment of rent.
235-h.   Waiver  of  right  to  bring  a  declaratory  judgment
235-i.   Unreasonable tenant fees for reproductions of keys.
236.     Assignment of lease of a deceased tenant.
237.     Discrimination  in  leases  with respect to bearing of
237-a.   Discrimination against children in dwelling houses and
manufactured home parks.
238.     Agreements or contracts for privileges  to  deal  with
occupants of tenements, apartment houses or bungalow
colonies.
238-a.   Limitation on fees.
§  220.  Action  for  use  and  occupation. The landlord may recover a
reasonable compensation for the use and occupation of real property,  by
any  person,  under an agreement, not made by deed; and a parol lease or
other agreement may be used as evidence of the amount  to  which  he  is
Entitled.
§  221.  Rent  due on life leases recoverable. Rent due on a lease for
life or lives is recoverable by action, as  well  after  as  before  the
death  of  the  person  on  whose life the rent depends, and in the same
manner as rent due on a lease for years.
§  222. When rent is apportionable. Where a tenant for life, who shall
have demised the real property, dies  before  the  first  rent  day,  or
between  two  rent  days,  his executor or administrator may recover the
proportion of rent which accrued to him before his death.
§  223.  Rights where property or lease is transferred. The grantee of
leased real property, or of a reversion thereof, or  of  any  rent,  the
devisee  or  assignee  of  the  lessor  of  such a lease, or the heir or
personal representative of either of them, has  the  same  remedies,  by
entry,  action  or  otherwise,  for  the nonperformance of any agreement
contained in the assigned lease for the recovery of rent, for the  doing
of  any waste, or for other cause of forfeiture as his grantor or lessor
had, or would have had, if the reversion had remained in him.  A  lessee
of  real property, his assignee or personal representative, has the same
remedy  against  the  lessor,  his   grantee   or   assignee,   or   the
representative  of  either,  for the breach of an agreement contained in
the lease, that the lessee might have had against his immediate  lessor,
except  a  covenant  against  incumbrances  or  relating to the title or
possession of the premises leased. This section applies  as  well  to  a
grant  or  lease  in  fee, reserving rent, as to a lease for life or for
years; but not to a deed of conveyance in fee, made before the ninth day
of April, eighteen hundred and five, or  after  the  fourteenth  day  of
April, eighteen hundred and sixty.
§  223-a. Remedies of lessee when possession is not delivered.  In the
absence of an express provision to the contrary, there shall be  implied
in every lease of real property a condition that the lessor will deliver
possession  at the beginning of the term. In the event of breach of such
implied condition the lessee shall have the right to rescind  the  lease
and  to  recover  the consideration paid. Such right shall not be deemed
inconsistent with any right of action he may have to recover damages.
§  223-b.  Retaliation  by  landlord against tenant. 1. No landlord of
premises or units to which this section  is  applicable  shall  serve  a
notice  to  quit  upon any tenant or commence any action to recover real
property or summary proceeding to recover possession of real property in
retaliation for:
a. A good faith complaint, by or in  behalf  of  the  tenant,  to  the
landlord,  the  landlord's  agent  or  a  governmental  authority of the
landlord's alleged violation of any health or  safety  law,  regulation,
code,  or  ordinance,  the  warranty  of  habitability under section two
hundred thirty-five-b of this article, the duty to repair under sections
seventy-eight, seventy-nine, and eighty of the multiple dwelling law  or
section  one  hundred seventy-four of the multiple residence law, or any
law or regulation which has as its objective the regulation of  premises
used  for  dwelling  purposes  or  which pertains to the offense of rent
gouging in the third, second or first degree; or
b. Actions taken in good faith, by or in  behalf  of  the  tenant,  to
secure  or  enforce  any rights under the lease or rental agreement, the
warranty of habitability under section two hundred thirty-five-b of this
article, the duty to repair under sections seventy-eight,  seventy-nine,
and  eighty  of  the  multiple  dwelling  law  or  section  one  hundred
seventy-four of the multiple residence law, or under any  other  law  of
the  state  of  New York, or of its governmental subdivisions, or of the
United States which has as its objective the regulation of premises used
for dwelling purposes or which pertains to the offense of  rent  gouging
in the third, second or first degree; or
c.  The  tenant's  participation  in  the  activities  of  a  tenant's
2. No  landlord  of  premises  or  units  to  which  this  section  is
applicable  or such landlord's agent shall substantially alter the terms
of the tenancy in retaliation for any actions set forth in paragraphs a,
b, and c of subdivision one  of  this  section.  Substantial  alteration
shall  include, but is not limited to, the refusal to continue a tenancy
of the tenant, upon expiration of the tenant's lease, to renew the lease
or offer a new lease, or offering a new lease with an unreasonable  rent
increase; provided, however, that a landlord shall not be required under
this  section to offer a new lease or a lease renewal for a term greater
than one year.
3. A landlord  shall  be  subject  to  a  civil  action  for  damages,
attorney's  fees  and  costs  and  other  appropriate  relief, including
injunctive and other equitable remedies, as may be determined by a court
of competent jurisdiction in any case in which the landlord has violated
the provisions of this section.
4. In any action to recover real property  or  summary  proceeding  to
recover  possession  of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, and c  of  subdivision  one  of
this section. Retaliation shall be asserted as an affirmative defense in
such  action  or  proceeding.  The  tenant  shall not be relieved of the
obligation to pay any rent for which he is otherwise liable.
5. In an action or proceeding instituted against a tenant of  premises
or  a unit to which this section is applicable, a rebuttable presumption
that the landlord is acting in  retaliation  shall  be  created  if  the
tenant  establishes  that  the  landlord  served  a  notice  to quit, or
instituted an action or proceeding to recover possession,  or  attempted
to substantially alter the terms of the tenancy, within one year after:
a.  A good faith complaint was made, by or in behalf of the tenant, to
the landlord, the landlord's agent or a governmental  authority  of  the
landlord's  violation  of any health or safety law, regulation, code, or
ordinance, the  warranty  of  habitability  under  section  two  hundred
thirty-five-b  of  this  article,  the  duty  to  repair  under sections
b. The tenant in good faith took action to secure or  enforce  against
the  landlord  or  his  agents  any  rights  under  the  lease or rental
agreement, the  warranty  of  habitability  under  section  two  hundred
section one hundred seventy-four of the multiple residence law, or under
any  other  law  of  the  state  of  New  York,  or  of its governmental
subdivisions, or of the United States which has  as  its  objective  the
regulation  of  premises used for dwelling purposes or which pertains to
the offense of rent gouging in the third, second or first degree.
c. Judgment under subdivision  three  or  four  of  this  section  was
entered  for  the tenant in a previous action between the parties; or an
inspection was made, an order was entered, or other action was taken  as
a  result  of  a  complaint or act described in paragraph a or b of this
The effect of the presumption shall be  to  require  the  landlord  to
establish  a  non-retaliatory  motive for his acts by a preponderance of
the evidence.
5-a. Any lease provision which seeks  to  assess  a  fee,  penalty  or
dollar  charge, in addition to the stated rent, against a tenant because
such  tenant  files  a  bona  fide  complaint  with  the  landlord,  the
landlord's  agent  or a building code officer regarding the condition of
such tenant's leased premises shall be null and void  as  being  against
public  policy. A landlord or agent of the landlord who seeks to enforce
such a fee, penalty or charge shall be liable to the tenant  for  triple
the amount of such fee, penalty or charge.
6.  This section shall apply to all rental residential premises except
owner-occupied  dwellings  with  less  than  four  units.  However,  its
provisions  shall  not  be  given  effect  in  any  case  in which it is
established that the condition from which the complaint or action  arose
was caused by the tenant, a member of the tenant's household, or a guest
of  the  tenant.  Nor  shall  it  apply  in  a  case where a tenancy was
terminated pursuant to the terms of a lease as a result of a  bona  fide
transfer of ownership.
§  224. Attornment by tenant. The attornment of a tenant to a stranger
is absolutely void and does not in any way affect the possession of  the
landlord unless made either:
1. With the consent of the landlord; or,
2.  Pursuant to or in consequence of a judgment, order, or decree of a
court of competent jurisdiction; or