dliu1/legal-llama-raw-text huggingface dataset:
Where the occupant or those under whom the occupant claims entered into the possession of the premises under claim of right, exclusive of any other right, founding the claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and there has been a continued occupation and possession of the premises included in the instrument, decree or judgment, or of some part thereof, for ten years, under the same claim, the premises so included are deemed to have been held adversely; except that when they consist of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot.
N.Y. Real Prop. Acts. Law § 511
Section 512 - Essentials of adverse possession under written instrument or judgment
For the purpose of constituting an adverse possession, founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in any of the following cases:
1. Where there has been acts sufficiently open to put a reasonably diligent owner on notice.2. Where it has been protected by a substantial enclosure, except as provided in subdivision one of section five hundred forty-three of this article.3. Where, although not enclosed, it has been used for the supply of fuel or of fencing timber, either for the purposes of husbandry or for the ordinary use of the occupant.
Where a known farm or a single lot has been partly improved, the portion of the farm or lot that has been left not cleared or not enclosed, according to the usual course and custom of the adjoining country, is deemed to have been occupied for the same length of time as the part improved and cultivated.
N.Y. Real Prop. Acts. Law § 512
Section 521 - Adverse possession not under written instrument or judgment
Where there has been an actual continued occupation of premises under a claim of right, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.
N.Y. Real Prop. Acts. Law § 521
Section 522 - Essentials of adverse possession not under written instrument or judgment
For the purpose of constituting an adverse possession not founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases, and no others:
1. Where there have been acts sufficiently open to put a reasonably diligent owner on notice.2. Where it has been protected by a substantial enclosure, except as provided in subdivision one of section five hundred forty-three of this article.
N.Y. Real Prop. Acts. Law § 522
Section 531 - Adverse possession, how affected by relation of landlord and tenant
Where the relation of landlord and tenant has existed, the possession of the tenant is deemed the possession of the landlord until the expiration of ten years after the termination of the tenancy; or, where there has been no written lease, until the expiration of ten years after the last payment of rent; notwithstanding that the tenant has acquired another title or has claimed to hold adversely to his landlord. But this presumption shall cease after the periods prescribed in this section and such tenant may then commence to hold adversely to his landlord.
N.Y. Real Prop. Acts. Law § 531
Section 541 - Adverse possession, how affected by relation of tenants in common
Where the relation of tenants in common has existed, the occupancy of one tenant, personally or by his servant or by his tenant, is deemed to have been the possession of the other, notwithstanding that the tenant so occupying the premises has acquired another title or has claimed to hold adversely to the other. But this presumption shall cease after the expiration of ten years of continuous exclusive occupancy by such tenant, personally or by his servant or by his tenant, or immediately upon an ouster by one tenant of the other and such occupying tenant may then commence to hold adversely to his cotenant.
N.Y. Real Prop. Acts. Law § 541
Section 543 - Adverse possession; how affected by acts across a boundary line1. Notwithstanding any other provision of this article, the existence of de minimus non-structural encroachments including, but not limited to, fences, hedges, shrubbery, plantings, sheds and non-structural walls, shall be deemed to be permissive and non-adverse.2. Notwithstanding any other provision of this article, the acts of lawn mowing or similar maintenance across the boundary line of an adjoining landowner's property shall be deemed permissive and non-adverse.
N.Y. Real Prop. Acts. Law § 543
Section 551 - Right of person to possession not affected by descent cast
The right of a person to the possession of real property is not impaired or affected by a descent being cast in consequence of the death of a person in possession of the property.
N.Y. Real Prop. Acts. Law § 551
Article 6 - ACTION TO RECOVER REAL PROPERTY
Section 601 - Damages for withholding real property obtainable in action to recover possession; set-off by defendant
In an action to recover the possession of real property, the plaintiff may recover damages for withholding the property, including the rents and profits or the value of the use and occupation of the property for a term not exceeding six years; but the damages shall not include the value of the use of any improvements made by the defendant or those under whom he claims. Where permanent improvements have been made in good faith by the defendant or those under whom he claims, while holding, under color of title, adversely to the plaintiff, the value thereof must be allowed to the defendant in reduction of the damages of the plaintiff, but not beyond the amount of those damages.
N.Y. Real Prop. Acts. Law § 601
Section 611 - Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee
The action cannot be maintained:
1. Where an action for dower may be maintained.2. Where the real property consists of a strip of land not exceeding six inches in width upon which there stands the exterior wall of a building erected partly upon said strip and partly upon the adjoining lot, and a building has been erected upon land of the plaintiff abutting on the said wall, unless said action be commenced within one year after the completion of the erection of such wall. But an action may be maintained if commenced within the further period of one year, for the recovery of damages by reason of the erection of such wall, and upon the satisfaction of the judgment for such damages the title of the plaintiff to such strip of land shall thereby be transferred to and vest in the defendant. If an action for the recovery of real property or damages is not brought within the period hereby limited therefor, the person in possession of such lands shall be deemed to have an easement in said strip of land so long as the said wall partly erected thereon shall stand, and no longer, and in case of the destruction of such wall the owner of such strip shall have the same right to take or recover the possession thereof as if such wall had never existed.3. By a mortgagee, or his assignee, or other representative.
N.Y. Real Prop. Acts. Law § 611
N.Y. Real Prop. Acts. Law § 612
Section 621 - Separate action by joint tenant or tenant in common
Where two or more persons are entitled to the possession of real property as joint tenants or tenants in common, one or more of them may maintain the action to recover his or their undivided shares in the property in any case where such an action might be maintained by all.
N.Y. Real Prop. Acts. Law § 621
Section 623 - Action by grantee of lands held adversely
The action shall be maintained by a grantee, his executors, administrators or assigns in his own name, although at the time of the conveyance, such real property was in the actual possession of a person claiming under a title adverse to that of the grantor.
N.Y. Real Prop. Acts. Law § 623
Where a tenant for life or for a term of years suffers judgment to be taken against him, by consent or by default, in an action to recover real property, the heir or person owning the reversion or remainder, may maintain an action to recover the property, after the determination of the particular estate.
N.Y. Real Prop. Acts. Law § 625
Section 631 - Defendants
Where the complaint demands judgment for the immediate possession of the property, if the property is actually occupied, the occupant shall be made defendant in the action. If it is not so occupied, the action shall be brought against some person exercising acts of ownership thereupon, or claiming title thereto or an interest therein, at the time of the commencement of the action. Any person claiming title to, or the right to the possession of, the real property sought to be recovered, as landlord, remainderman, reversioner, or otherwise adversely to the plaintiff, may be joined as defendant.
N.Y. Real Prop. Acts. Law § 631
Section 633 - Action against co-tenant; ouster to be proved
Where the action is brought by a tenant in common or a joint tenant against his co-tenant, the plaintiff, besides proving his right, shall also prove that the defendant actually ousted him or did some other act amounting to a total denial of his right.
N.Y. Real Prop. Acts. Law § 633
Section 635 - Action against occupants of apartments
In a case where two or more defendants occupy different apartments in a building the plaintiff is entitled to judgment jointly against all the defendants who are liable to him.
N.Y. Real Prop. Acts. Law § 635
Section 637 - Action against one defendant subject to rights of others
Where one or more answering defendants hold under another defendant, and the plaintiff elects to proceed against the latter, subject to the rights and interests of the former, if the plaintiff recovers final judgment against the defendant under whom they hold, the judgment operates as a transfer to the plaintiff of that defendant's right, title and interest.
N.Y. Real Prop. Acts. Law § 637
Section 641 - Complaint
The complaint shall state the plaintiff's interest in the property and describe it with reasonable certainty in such manner that, from the description, possession of the property claimed may be delivered.
N.Y. Real Prop. Acts. Law § 641
Section 651 - Expiration of plaintiff's title before trial
If the right or title of the plaintiff expires after the commencement of the action but before the trial, and he would have been entitled to recover but for the expiration, the verdict, report or decision shall be rendered according to the fact; and the plaintiff is entitled nevertheless to judgment for his damages for the withholding of the property to the time when his right or title so expired.
N.Y. Real Prop. Acts. Law § 651
Section 653 - Judgment to state plaintiff's estate
A verdict, report or decision in favor of the plaintiff and the judgment rendered thereon, shall specify in writing the estate of the plaintiff in the property recovered, whether it is in fee, or for life, or for a term of years stating for whose life it is, or specifying the duration of the term, if the estate be less than a fee.
N.Y. Real Prop. Acts. Law § 653
Section 661 - Liability of purchaser pending an action
If the defendant aliens the real property in question after the filing of a notice of pendency of the action, and an execution against him for the plaintiff's damages is returned wholly or partly unsatisfied, an action may be maintained by the plaintiff against any person who has been in possession of the property, under the defendant's conveyance, to recover the unsatisfied portion of the damages, for a time not exceeding that during which he possessed the property.
N.Y. Real Prop. Acts. Law § 661
Article 7 - SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
Section 701 - Jurisdiction; courts; venue1. A special proceeding to recover real property may be maintained in a county court, the court of a police justice of the village, a justice court, a court of civil jurisdiction in a city, or a district court.2. The place of trial of the special proceeding shall be within the jurisdictional area of the court in which the real property or a portion thereof is situated; except that where the property is located in an incorporated village which includes parts of two or more towns the proceeding may be tried by a justice of the peace of any such town who keeps an office in the village.
N.Y. Real Prop. Acts. Law § 701
Section 702 - Rent in a residential dwelling1. In a proceeding relating to a residential dwelling or housing accommodation, the term rent shall mean the monthly or weekly amount charged in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement. No fees, charges or penalties other than rent may be sought in a summary proceeding pursuant to this article, notwithstanding any language to the contrary in any lease or rental agreement.2. This section shall not apply to a summary proceeding in which the parties are a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, and a tenant who is a dwelling unit owner or shareholder of such corporation, provided that the proprietary lease or occupancy agreement between the cooperative housing corporation and the tenant provides for fees, charges, penalties or assessments other than rent to be recoverable in such a proceeding.
N.Y. Real Prop. Acts. Law § 702
Section 711 - Grounds where landlord-tenant relationship exists
A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds:
N.Y. Real Prop. Acts. Law § 711
Section 713 - Grounds where no landlord-tenant relationship exists
A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds:
N.Y. Real Prop. Acts. Law § 713
N.Y. Real Prop. Acts. Law § 715
N.Y. Real Prop. Acts. Law § 715-A
Section 721 - Person who may maintain proceeding
The proceeding may be brought by:
1. The landlord or lessor.2. The reversioner or remainderman next entitled to possession of the property upon the termination of the estate of a life tenant, where a tenant of such life tenant holds over.3. The purchaser upon the execution or foreclosure sale, or the purchaser on a tax sale to whom a deed has been executed and delivered or any subsequent grantee, distributee or devisee claiming title through such purchaser.4. The person forcibly put out or kept out.5. The person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement to cultivate the property upon shares or for a share of the crops.6. The person lawfully entitled to the possession of property intruded into or squatted upon.7. The person entitled to possession of the property occupied by a licensee who may be dispossessed.8. The person, corporation or law enforcement agency authorized by this article to proceed to remove persons using or occupying premises for illegal purposes.9. The receiver of a landlord, purchaser or other person so entitled to apply, when authorized by the court.10. The lessee of the premises, entitled to possession.11. Not-for-profit corporations, and tenant associations authorized in writing by the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city to manage residential real property owned by such city.
N.Y. Real Prop. Acts. Law § 721
Section 731 - Commencement; notice of petition1. The special proceeding prescribed by this article shall be commenced by petition and a notice of petition. A notice of petition may be issued only by an attorney, judge or the clerk of the court; it may not be issued by a party prosecuting the proceeding in person.2. Except as provided in section 732, relating to a proceeding for non-payment of rent, the notice of petition shall specify the time and place of the hearing on the petition and state that if respondent shall fail at such time to interpose and establish any defense that he may have, he may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.3. In the city of New York, when the petitioner seeks to make an application pursuant to subdivision two of section seven hundred forty-five of this article, the notice of petition shall advise the respondent of the requirements of subdivision two of section seven hundred forty-five of this article.4. In an action premised on a tenant defaulting in the payment of rent, payment to the landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the landlord and renders moot the grounds on which the special proceeding was commenced.
N.Y. Real Prop. Acts. Law § 731
Section 732 - Special provisions applicable in non-payment proceeding if the rules so provide
If the appropriate appellate division shall so provide in the rules of a particular court, this section shall be applicable in such court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent; in such event, all other provisions of this article shall remain applicable in such proceeding, except to the extent inconsistent with the provisions of this section.
1. The notice of petition shall be returnable before the clerk, and shall be made returnable within ten days after its service.2. If the respondent answers, the clerk shall fix a date for trial or hearing not less than three nor more than eight days after joinder of issue, and shall immediately notify by mail the parties or their attorneys of such date. If the determination be for the petitioner, the issuance of a warrant shall not be stayed for more than five days from such determination, except as provided in section seven hundred fifty-three of this article.3. If the respondent fails to answer within ten days from the date of service, as shown by the affidavit or certificate of service of the notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days from the date of service, except as provided in section seven hundred fifty-three of this article.4. The notice of petition shall advise the respondent of the requirements of subdivisions 1, 2 and 3, above.
N.Y. Real Prop. Acts. Law § 732
Section 733 - Time of service; order to show cause1. Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard.2. The court may grant an order to show cause to be served in lieu of a notice of petition. If the special proceeding is based upon the ground specified in subdivision 1 of section 711, and the order to show cause is sought on the day of the expiration of the lease or the next day thereafter, it may be served at a time specified therein which shall be at least two hours before the hour at which the petition is to be heard.
N.Y. Real Prop. Acts. Law § 733
Section 734 - Notice of petition; service on the Westchester county department of social services
In the county of Westchester, if the local legislative body has, by local law, opted to require such notice, service of a copy of the notice of petition and petition in any proceeding commenced against a residential tenant in accordance with the provisions of this article shall be served upon the county commissioner of social services. Such service shall be made by certified mail, return receipt requested, directed to an address set forth in the local law, or pursuant to the provisions of the civil practice law and rules. Such service shall be made at least five days before the return date set in the notice of petition. Proof of such service shall be filed with the court. Failure to serve the commissioner shall not be a jurisdictional defect, and shall not be a defense to a proceeding brought pursuant to the provisions of this article.
N.Y. Real Prop. Acts. Law § 734
Section 735 - Manner of service; filing; when service complete1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail, (a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and(b) if a corporation, joint-stock or other unincorporated association, as follows: at the property sought to be recovered, and if the principal office or principal place of business of such corporation, joint stock or other unincorporated association is not located on the property sought to be recovered, and if the petitioner shall have written information of the principal office or principal place of business within the state, at the last place as to which petitioner has such information, or if the petitioner shall have no such information but shall have written information of any office or place of business within the state, to any such place as to which the petitioner has such information. Allegations as to such information as may affect the mailing address shall be set forth either in the petition, or in a separate affidavit and filed as part of the proof of service.2. The notice of petition, or order to show cause, and petition together with proof of service thereof shall be filed with the court or clerk thereof within three days after; (a) personal delivery to respondent, when service has been made by that means, and such service shall be complete immediately upon such personal delivery; or(b) mailing to respondent, when service is made by the alternatives above provided, and such service shall be complete upon the filing of proof of service.
N.Y. Real Prop. Acts. Law § 735
The petition shall be verified by the person authorized by section seven hundred twenty-one to maintain the proceeding; or by a legal representative, attorney or agent of such person pursuant to subdivision (d) of section thirty hundred twenty of the civil practice law and rules. An attorney of such person may verify the petition on information and belief notwithstanding the fact that such person is in the county where the attorney has his office. Every petition shall: