dliu1/legal-llama-raw-text huggingface dataset:
of  twenty-five  dollars, which shall be paid by the real estate broker.
The real estate broker shall make the twenty-five dollar fee payable  to
the  recording  officer  in such form of payment that is accepted by the
recording officer.
(d) The monies deposited with the recording officer pursuant  to  this
subdivision  shall  be  held  pursuant  to  subdivision  (b)  of section
twenty-six hundred one of the civil practice law  and  rules  until  the
rights  of  the seller and broker to such monies have been determined by
order  of  a  court  of  competent  jurisdiction  as  provided  in  this
paragraph.  All  deposits of money pursuant to this subdivision shall be
deemed paid into court and shall be subject to the provisions of article
twenty-six of the civil practice law  and  rules,  except  as  otherwise
provided in this subdivision. An order for the payment of such monies to
the broker or seller may be made in any action or proceeding determining
or  declaring  the  entitlement,  if  any, of the broker to compensation
under the written contract of brokerage  employment  recorded  with  the
affidavit  of  entitlement  or  as otherwise provided in rule twenty-six
hundred six of the civil practice law and rules or, whether  or  not  an
action or proceeding has been commenced, may be based upon a stipulation
signed  by  the  seller  and  the  broker.  Any application for an order
pursuant to this paragraph made by the broker or the seller shall be  on
motion  with notice to the other party, except that an application based
upon a stipulation signed by the seller and the broker may be  submitted
without notice if the stipulation so provides.
(e)  If  neither  the  broker  nor  the  seller commences an action or
proceeding described in paragraph (d) of this subdivision  within  sixty
days from the day of deposit of monies pursuant to paragraph (a) of this
subdivision,  which  time  limit shall not be extended, the seller, upon
petition, shall be entitled to an order directing  the  payment  to  the
seller  of  such  monies  out  of  court, including any accrued interest
thereon, less any fees to which  any  public  officer  may  be  entitled
pursuant  to law, but such an order shall not be deemed to determine the
broker's claim for a commission.
(f)  Notwithstanding  any other provision of law to the contrary, upon
the seller  making  the  deposit  required  by  paragraph  (a)  of  this
subdivision,  any  action  or  proceeding  based  upon  the  contractual
obligation to pay a  commission  under  the  contract  of  brokerage  of
employment  shall  be  commenced  by the broker within six months of the
deposit of the monies pursuant to paragraph (a) of this subdivision.
(g) The obligation to deposit monies pursuant to this  subdivision  or
the  seller's  failure  to  do  so  shall not constitute or be deemed to
create a lien or encumbrance against any real property. Any violation of
this subdivision shall not invalidate any transfer of real property.
(h) In any action or proceeding commenced pursuant to this subdivision
when the seller has not made the deposit required by  this  subdivision,
and  it  is  determined  by  a  court  that  the  broker  is entitled to
compensation pursuant to the written contract of  brokerage  employment,
the  broker  shall  be awarded costs, including the fee paid pursuant to
paragraph (c) of this subdivision, and reasonable attorneys' fees.
(i) Nothing in this subdivision  shall  be  construed  to  prohibit  a
broker  from  waiving  a seller's obligation to deposit money under this
subdivision, provided such waiver is set forth in an  instrument  signed
by or on behalf of the broker. Such instrument may be a written contract
of brokerage employment or any other instrument.
(j)  The  provisions  of  this  subdivision  shall only apply when the
written  contract  of  brokerage  employment  contains   the   following
statement to the seller in clear and conspicuous bold face type:
At  the  time of closing, you may be required to deposit the broker's
commission with the county clerk in the event that you do  not  pay  the
broker  his  or  her  commission as set forth herein. Your obligation to
deposit the broker's commission with the county clerk may be  waived  by
the broker.
(k)  The  provisions  of  this  subdivision  shall  only apply to real
property improved by a one to four family  dwelling  and  to  individual
condominium units and individual cooperative apartments where the one to
four  family dwelling, condominium unit or cooperative apartment is used
or occupied, or intended to be used or occupied, wholly  or  partly,  as
the home or residence of one or more persons.
§  295.  Recording of letters patent. Letters patent, issued under the
great seal of the state, granting real property, may be recorded in  the
county where such property is situated, in the same manner and with like
effect,  as a conveyance duly acknowledged or proved and certified so as
to entitle it to be recorded.
§  296.  Recording  copies  of  instruments  which are in secretary of
state's office. A copy of an instrument affecting real property,  within
the  state,  recorded  or filed in the office of the secretary of state,
certified in the manner required to entitle  the  same  to  be  read  in
evidence,  may  be  recorded  with such certificate in the office of any
recording officer of the state.
§  297.  Certified  copies may be recorded.  A copy of a record, or of
any recorded instrument, certified or authenticated so as to be entitled
to be read in evidence, may be again recorded in any  office  where  the
original  would  be  entitled  to  be recorded. Such record has the same
effect as if the original were so recorded. A copy of  a  conveyance  or
mortgage  affecting  separate  parcels  of  real  property  situated  in
different counties, or of the record of such conveyance or  mortgage  in
one of such counties, certified or authenticated so as to be entitled to
be  read  in  evidence,  may be recorded in any county in which any such
parcel is situated, with the same effect as if the  original  instrument
authenticated  as  required  by  section  three  hundred and ten of this
chapter were so recorded.
§   297-a.   Recording  of  certified  copies  of  bankruptcy  papers;
constructive notice. 1. A copy of a  petition  in  bankruptcy  with  the
schedules  omitted,  of a decree of adjudication of bankruptcy and of an
order approving the bond of a trustee in bankruptcy, or any of them,  in
each  case  certified  in  accordance with the laws of the United States
applicable at the time of certification, may be recorded in  the  office
of  the recording officer of any county, irrespective of the location of
the United States district court having jurisdiction of  the  bankruptcy
proceeding  or in which such petition was filed or order of adjudication
or approval of the trustee's bond was made.
2. (a) Each paper, together with the certification  thereof,  recorded
pursuant   to  this  section  shall,  for  the  purposes  of  recording,
transcription, reproduction and indexing, be regarded as a deed  by  the
bankrupt  or alleged bankrupt to the trustee in bankruptcy named therein
or, if no trustee be named, to the trustee appointed, or  thereafter  to
be appointed.
(b)  In  counties  where,  under certain circumstances and pursuant to
law, deeds or  other  instruments  are  recordable  among  miscellaneous
instruments,  or  indexed  in the index of such instruments, each of the
papers shall be similarly recorded or  indexed.  In  other  counties  or
cases, it shall be recorded or indexed as a deed.
(c)  Where  the  paper  so  recorded  does  not reveal the name of the
trustee in bankruptcy, the recording officer shall substitute,  for  the
name of the grantee in the index or indices in his office where the name
of  the  grantee in a deed is required to be entered, the words Trustee
in bankruptcy; but any irregularity or failure of the recording officer
in compliance with  this  paragraph  shall  not  invalidate  the  record
(d)  The  recording  of  the paper and the certification thereof shall
have the same effect as constructive notice as if it were  a  conveyance
to a named grantee, duly acknowledged or proved and recorded.
(e) The petition, decree or order referred to in subdivision 1 of this
section may be one either heretofore or hereafter filed or made pursuant
to any law of the United States relating to bankruptcy.
§  297-b.  Recording  of  certified copies of judgments affecting real
property.  When a judgment, final order or decree is rendered by  a  New
York  state  court of record or a United States district court affecting
the title to or possession, use or enjoyment of real property, a copy of
such judgment, order or decree, duly certified by the clerk of the court
wherein said judgment was rendered, may be recorded in the office of the
recording officer of the county in which such property is  situated,  in
the  same  manner  as  a  conveyance  duly  acknowledged  or  proved and
certified so as to entitle it to be recorded, and such recording officer
shall upon request and on tender of the lawful fees therefor, record the
For purposes of recording and indexing such judgment, order or decree,
the prevailing party or parties named therein shall be  deemed  grantees
and all other persons named therein shall be deemed grantors.
§ 298. Acknowledgments and proofs within the state. The acknowledgment
or proof, within this state, of a conveyance of real property situate in
this  state  may be made: 1. At any place within the state, before (a) a
justice of the supreme court; (b) an official examiner of title; (c)  an
official referee; or (d) a notary public.
2.  Within  the district wherein such officer is authorized to perform
official duties, before (a) a judge or clerk of any court of record; (b)
a commissioner  of  deeds  outside  of  the  city  of  New  York,  or  a
commissioner  of  deeds of the city of New York within the five counties
comprising the city of New York; (c) the mayor or recorder  of  a  city;
(d)  a surrogate, special surrogate, or special county judge; or (e) the
county clerk or other recording officer of a county.
3. Before a justice of the peace, town council member, village  police
justice or a judge of any court of inferior local jurisdiction, anywhere
within the county containing the town, village or city in which they are
authorized to perform official duties.
§  299.  Acknowledgments  and proofs without the state, but within the
United States or any territory, possession, or dependency thereof.   The
acknowledgment or proof of a conveyance of real property situate in this
state,  if  made (a) without the state but within the United States, (b)
within any territory, possession, or dependency of the United States, or
(c) within any place over which the United States, at the time when such
acknowledgment  or  proof  is  taken,  has  or  exercises  jurisdiction,
sovereignty,  control,  or a protectorate, may be made before any of the
following officers acting within his territorial jurisdiction or  within
that  of  the  court  of  which  he  is  an officer: 1. A judge or other
presiding officer of any court having a seal,  or  the  clerk  or  other
certifying officer thereof.
2. A mayor or other chief civil officer of any city or other political
3. A notary public.
4.  A  commissioner  of  deeds  appointed pursuant to the laws of this
state to take acknowledgments or proofs without this state.
5. Any person authorized, by  the  laws  of  the  state,  District  of
Columbia,  territory,  possession,  dependency, or other place where the
acknowledgment or proof is made, to take the acknowledgment or proof  of
deeds to be recorded therein.
§  299-a.  Acknowledgment  to  conform  to law of New York or of place
where taken; certificate of conformity. 1. An  acknowledgment  or  proof
made  pursuant  to  the provisions of section two hundred ninety-nine of
this chapter may be taken in the manner prescribed either by the laws of
the state of New York or by the laws of the state, District of Columbia,
territory,  possession,   dependency,   or   other   place   where   the
acknowledgment  or proof is taken. The acknowledgment or proof, if taken
in the manner prescribed by such state, District of Columbia, territory,
possession, dependency,  or  other  place,  must  be  accompanied  by  a
certificate  to  the  effect  that  it  conforms  with  such  laws. Such
certificate may be made by
(a) An attorney-at-law admitted to practice in the state of New  York,
resident in the place where the acknowledgment or proof is taken, or by
(b)  An attorney-at-law admitted to practice in the state, District of
Columbia, territory, possession, dependency, or other  place  where  the
acknowledgment or proof is taken, or by
(c) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court,  it  be  necessary to determine that such acknowledgment or proof
conforms with the laws of such state, District of  Columbia,  territory,
possession,  dependency,  or other place; or by the supreme court of the
state of New York, on application for such determination.  The  justice,
judge,  surrogate,  or  other presiding judicial officer shall append to
the instrument so acknowledged or proved his signed  statement  that  he
deemed such person qualified to make such certificate.
2.  (a)  The  signature  to  such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized  to  make  such  certificate  shall  be
presumptively established by the recital thereof in the certificate.
(b)  The  statement  of  a judicial officer appended to the instrument
that he deemed  the  person  making  such  certificate  qualified  shall
establish  the  qualification  of  the person designated therein to make
such certificate; and the  recording,  filing,  registering  or  use  as
evidence of the instrument shall not depend on the power of the court to
make  the  statement  and  proof  shall  not  be required of any action,
proceeding, matter or application in which or in connection  with  which
the statement is made.
(c) When an instrument so acknowledged or proved is accompanied by the
certificate  of  conformity  and the statement of a judicial officer, if
any be required, the acknowledgment or proof of the instrument, for  the
purpose  of  recording, filing or registering in any recording or filing
office in this state or for use as evidence, shall be equivalent to  one
taken  or  made in the form prescribed by law for use in this state; and
if  the  acknowledgment  or  proof  is  properly  authenticated,   where
authentication  is  required  by law, and if the instrument be otherwise
entitled to record, filing or  registering,  such  instrument,  together
with  the acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in  this
state,  and  shall  be  so recorded, filed or registered upon payment or
tender of lawful fees therefor. In  fixing  the  fees  of  a  recording,
filing  or  registering  officer,  the certificate of conformity and the
statement of a judicial officer appended, if any, shall  be  treated  as
certificates  of  authentication  required  by  other provisions of this
§  300.  Acknowledgments  and  proofs  by persons in or with the armed
forces of the United States. The acknowledgment or proof of a conveyance
of real property situate in this state, if made by a person enlisted  or
commissioned  in  or  serving  in or with the armed forces of the United
States or by a dependent of any such person, wherever located, or  by  a
person  attached  to  or  accompanying  the  armed  forces of the United
States, whether made within or without the United States,  may  be  made
before  any  officer in active service of the armed forces of the United
States authorized to act as a notary in any component part of the  armed
forces of the United States.
In  addition  to the requirements of sections three hundred and three,
three hundred and four, and three hundred and six of this  chapter,  the
certificate of an acknowledgment or proof taken under this section shall
state (a) the rank and serial number of the officer taking the same, and
the  command  to  which  he is attached, (b) that the person making such
acknowledgment or proof was, at the time of making the same, enlisted or
commissioned in or serving in or with the armed  forces  of  the  United
States  or  the  dependent  of such a person, or a person attached to or
accompanying the armed forces of the United States, and (c)  the  serial
number   of   the  person  who  makes,  or  whose  dependent  makes  the
acknowledgment or proof if such person is enlisted  or  commissioned  in
the   armed   forces   of  the  United  States.  The  place  where  such
acknowledgment or proof is taken need not be disclosed.
No authentication of the officer's certificate  of  acknowledgment  or
proof shall be required.
Notwithstanding   any   of   the   provisions  of  this  section,  the
state may also be made as provided in sections two hundred ninety-eight,
two hundred ninety-nine, two hundred ninety-nine-a, three  hundred  one,
and three hundred one-a, of this chapter.
§   301.   Acknowledgments   and  proofs  in  foreign  countries.  The
state may be made in foreign  countries  before  any  of  the  following
officers  acting  within  his territorial jurisdiction or within that of
the court of which he is an officer: 1. An ambassador, envoy,  minister,
charge   d'affaires,  secretary  of  legation,  consul-general,  consul,
vice-consul,  consular  agent,  vice-consular  agent,   or   any   other
diplomatic  or  consular  agent  or representative of the United States,
appointed or accredited to, and residing within, the country  where  the
acknowledgment or proof is taken.
2.  A  judge or other presiding officer of any court having a seal, or
the clerk or other certifying officer thereof.
3. A mayor or other chief civil officer of any city or other political
4. A notary public.
5. A commissioner of deeds appointed pursuant  to  the  laws  of  this
6.  A  person  residing  in,  or  going  to,  the  country  where  the
acknowledgment or proof is to be taken,  and  specially  authorized  for
that purpose by a commission issued to him under the seal of the supreme
court of the state of New York.
7.  Any  person  authorized,  by  the  laws  of  the country where the
acknowledgment or proof is made, to take acknowledgments of  conveyances
of real estate or to administer oaths in proof of the execution thereof.
§  301-a.  Acknowledgment  to conform to law of New York or of foreign
country; certificate of conformity. 1. An acknowledgment or  proof  made
pursuant  to the provisions of section three hundred one of this chapter
may be taken in the manner prescribed either by the laws of the state of
New York or by the laws of the country where the acknowledgment or proof
is taken. The acknowledgment or proof, if taken in the manner prescribed
by  the  laws  of  such  foreign  country,  must  be  accompanied  by  a
resident in such foreign country, or by
(b)  A consular officer of the United States, resident in such foreign
country, under the seal of his office, or by
(c) A consular officer of such foreign country, resident in the  state
of New York, under the seal of his office, or by
(d) Any other person deemed qualified by any court of the state of New
conforms with the laws of such foreign country; or by the supreme  court
of the state of New York, on application for such determination.
The  justice,  judge,  surrogate,  or other presiding judicial officer
shall append to the instrument so  acknowledged  or  proved  his  signed
statement that he deemed such person qualified to make such certificate.
§ 302. Acknowledgments and proofs by married women. The acknowledgment
or  proof  of a conveyance of real property, within the state, or of any
other written instrument, may be made by a married woman the same as  if
Unmarried.
§  303.  Requisites of acknowledgments.  An acknowledgment must not be
taken by any officer unless he knows or has satisfactory evidence,  that
the  person  making  it is the person described in and who executed such
Instrument.
§  304.  Proof  by  subscribing  witness.  When  the  execution  of  a
conveyance is proved by a subscribing witness, such witness  must  state
his  own place of residence, and if his place of residence is in a city,
the street and street number, if any  thereof,  and  that  he  knew  the
person  described in and who executed the conveyance. The proof must not
be taken unless the officer is personally acquainted with such  witness,
or  has  satisfactory  evidence  that  he  is the same person, who was a
subscribing witness to the conveyance.
§  305.  Compelling  witnesses  to  testify.  On  the application of a
grantee in a conveyance, his  heir  or  personal  representative,  or  a
person  claiming  under  either  of  them,  verified  by the oath of the
applicant, stating that a witness to the  conveyance,  residing  in  the
county  where  the  application  is  made, refuses to appear and testify
concerning its execution, and that such conveyance  can  not  be  proved
without his testimony, any officer authorized to take, within the state,
acknowledgment  or  proof  of  conveyance  of  real property may issue a
subpoena, requiring such  witness  to  attend  and  testify  before  him
concerning the execution of the conveyance. A subpoena issued under this
section shall be regulated by the civil practice law and rules.
§  306.  Certificate  of  acknowledgment or proof. A person taking the
acknowledgement or proof of  a  conveyance  must  indorse  thereupon  or
attach  thereto,  a  certificate,  signed  by  himself,  stating all the
matters required to be done, known, or proved  on  the  taking  of  such
acknowledgement  or  proof;  together with the name and substance of the
testimony of each witness examined before  him,  and  if  a  subscribing
witness, his place of residence.
Any  conveyance  which  has  heretofore  been  recorded,  or which may
hereafter be recorded, shall be deemed to have been duly acknowledged or
proved and properly authenticated, when ten  years  have  elapsed  since
such  recording;  saving, however, the rights of every purchaser in good
faith and for a valuable consideration  deriving  title  from  the  same
vendor  or  grantor,  his heirs or devisees, to the same property or any
portion thereof, whose conveyance shall have been duly  recorded  before
the said period of ten years shall have elapsed.
§   307.   When   certificate  to  state  time  and  place.  When  the
acknowledgment or proof is taken by a commissioner  of  deeds  appointed
pursuant  to  the  laws  of this state to take acknowledgments or proofs
without this state, whether within or without  the  United  States,  the
certificate  must  also  state  the  day on which, and the city or other
political subdivision, and the state or country or other place in which,
the same was taken.
§  308.  When certificate must be under seal. 1. When a certificate of
acknowledgment or proof is made without this state,  whether  within  or
without  the  United  States,  (a) if made by a judge or other presiding
officer of a court having a seal, or by the clerk  or  other  certifying
officer  thereof, such certificate must be under the seal of such court;
(b) if made by a commissioner of deeds appointed pursuant to the laws of
this state to take acknowledgments or proofs without  this  state,  such
certificate must be under his seal of office; (c) if made by any officer
specified  in  subdivision  one  of  section  three  hundred one of this
chapter, such certificate must be under the  seal  of  the  legation  or
consulate to which such officer is attached.
2.  Any  certificate,  required  by  the  provisions  of section three
hundred  eleven  of  this  chapter  to  be  authenticated,  must  be  so
authenticated,  in  addition  to  being  under  seal as provided in this
§  309.  Acknowledgment by corporation and form of certificate. 1. The