dliu1/legal-llama-raw-text huggingface dataset:
PURSUANT TO SECTION 337-A OF THE REAL PROPERTY LAW IS AVAILABLE PURSUANT
TO  THE  FREEDOM  OF INFORMATION LAW FROM THE DEPARTMENT OF STATE AT THE
FOLLOWING ADDRESS: THE DEPARTMENT OF STATE,  SUBDIVIDED  LANDS  SECTION,
ALBANY, NEW YORK 12231-0001.
§  337-c.   Right to cancel.  Every contract or agreement for the sale
or lease of subdivided lands shall expressly grant to the  purchaser  or
lessee  the  absolute  right  to cancel the contract or agreement within
seven days following the signing of the contract or agreement, by giving
the subdivider notice of cancellation  at  the  address  listed  in  the
offering  statement  filed by the subdivider, by registered or certified
mail return receipt requested.  Within ten days of  receipt  of  such  a
notice  of  cancellation the subdivider shall return to the purchaser or
lessee all consideration paid or delivered on account of  such  contract
or agreement.
§  338.  Inspection  power of department of state; unlawful practices;
penalties. 1. The department of state may cause an investigation and  an
inspection  to  be made of any subdivision of vacant land proposed to be
offered for sale or lease in this state pursuant to this article and may
make a report of its findings thereon.
2. Where an inspection is to be made  of  subdivided  lands,  situated
outside  of  the  state  of  New York and being offered for sale in this
state, the statement required by section  three  hundred  thirty-seven-a
shall  be  accompanied  by the filing fee and in addition there shall be
remitted to the department of state an amount equivalent to the cost  of
travel  from  New  York  to  the  location of the project and return, as
estimated by the department of state, and a further amount estimated  to
be necessary to cover the additional expenses of such inspection, not to
exceed  fifteen  dollars a day, for each day consumed in the examination
of the project.
3. It shall be unlawful for the subdivider or his  or  its  agent,  to
change  the  financial  structure  of such offering after the submission
thereof  to  the  department  of  state  without  first  notifying   the
department in writing of such intention.
4.  Where the vacant lands to be subdivided shall be subject to a lien
or encumbrance securing or evidencing the payment of  money  other  than
taxes  or  assessments levied by public authority, or where the interest
of the owner and subdivider or his or its agent be held under option  or
contract  of  purchase  or  in  trust,  it shall be unlawful to sell any
vacant  land  in  such  subdivision  unless  provision  in  such   lien,
encumbrance,  option,  contract  or  trust agreement, or in an agreement
supplementary thereto, enables the vendor to convey valid title to  each
parcel  so  sold  or  leased  free  of  such  lien, encumbrance, option,
contract or  trust  agreement,  upon  completion  of  all  payments  and
performance  of  all  the  terms  and conditions required to be made and
performed  by  the  vendee  under  the  agreement  of  sale.  Where  the
consideration  price  for  the lot or lots sold has been amortized to an
extent that the balance due and owing thereunder  equals  in  an  amount
required   to   release  such  lot  or  lots  from  any  existing  lien,
encumbrance, tax, assessment, option contract or  first  agreement,  and
the initial cost for said vacant land has not been paid for by the owner
or  subdivider, that in such event all moneys thereafter received by the
owner or subdivider from the purchaser of said  lot  or  lots  shall  be
segregated  and kept in a separate account and be impressed with a trust
which shall be applied towards the clearance of title to the vacant land
thereafter intended to be conveyed to  the  purchaser.    After  default
shall  have  occurred in the payment of any tax or assessment levied and
assessed against the premises or after default shall have occurred under
and pursuant to the terms of any  contract,  mortgage  lien,  charge  or
encumbrance,  all  moneys  received  by the owner or subdivider from the
purchaser of said lot or lots shall be segregated and kept in a separate
account and be impressed with a trust which shall be applied towards the
clearance of title to the vacant land thereafter intended to be conveyed
to the purchaser. Certified or verified copies of  documents  containing
such provisions shall be filed with the department of state prior to the
sale or lease or offer of sale or lease of any part of the subdivision.
5.  (a)  Every  person,  officer,  director,  agent  or  employee of a
company, partnership, association or corporation who or which  knowingly
offers to sell or to lease, or sells or leases subdivided lands prior to
the filing of the offering statement and the verified statement required
by this article shall be guilty of a felony.
(b)  Except  as  provided  in  subdivision  (a)  hereof, every person,
officer,  director,  agent  or  employee  of  a  company,   partnership,
corporation,  or  association who or which knowingly authorizes, directs
or aids in the publication, advertisement, distribution  or  circulation
of  any  device,  scheme  or artifice for obtaining money or property by
means  of  any  false pretense, representation or promise concerning any
vacant land or lands or subdivision thereof, offered for sale or  lease,
and  every  person,  officer,  director, agent or employee of a company,
partnership, corporation or association who or which shall have made  or
attempts to make in the state fictitious or pretended purchases or sales
of  vacant  lands,  or  who,  in any other respect, wilfully violated or
fails to comply with any of the provisions of this article, or knowingly
omits or neglects to obey, observe or comply  with  any  order,  permit,
decision,  demand  or  requirement  of the department of state under the
provisions of this article,  is  guilty  of  a  misdemeanor  and,  if  a
licensee  under  article  twelve  (a) of this chapter, the department of
state also may revoke or suspend his license in the manner  provided  in
such  article. The commission of a single act prohibited by this article
shall constitute a violation thereof. All courts  of  special  sessions,
within  their  respective territorial jurisdiction, are hereby empowered
to hear, try, and determine such violations without indictment,  and  to
impose the punishments prescribed by law therefor.
6.  It  shall  be  the  duty  of the attorney-general to prosecute all
violations of the provisions of this article; such prosecutions  may  be
instituted  upon  the  written  request  or  demand of the department of
state.  In all criminal proceedings, the attorney-general may appear  in
person or by his deputy before any court of record or any grand jury and
exercise  all  the  powers and perform all the duties in respect of such
actions or proceedings which the district attorney  would  otherwise  be
authorized  or  required to exercise or perform; or the attorney-general
may in his discretion transmit evidence, proof  and  information  as  to
such offense to the district attorney of the county or counties in which
the  alleged violation has occurred, and every district attorney to whom
such evidence, proof and information is so transmitted  shall  forthwith
proceed  to prosecute any corporation, company, association, or officer,
manager or agent thereof, or  any  firm  or  person  charged  with  such
violation.  In  any  such  proceeding,  wherein the attorney-general has
appeared either in person or by deputy, the district attorney shall only
exercise such powers and perform such duties as are required of  him  by
the  attorney-general  or  the deputy attorney-general so appearing. The
attorney-general shall,  upon  a  conviction  for  a  violation  of  any
provision of this article, and within ten days thereafter, make and file
with  the department of state a detailed report showing the date of such
conviction, the name of the person convicted and the exact nature of the
7. Any false statement contained  in  any  statement  or  supplemental
statement   filed   with   the  department  of  state  pursuant  to  the
requirements of this article, or  in  any  affidavit  attached  thereto,
shall constitute a violation of this article.
8.  Any  person,  partnership,  corporation,  company  or  association
representing in any manner that the state, the department of  state,  or
any  officer thereof has recommended or acquiesced in the recommendation
of the purchase of any subdivided lands offered for sale  or  lease,  in
advertising  or  offering such subdivided lands for sale or lease, shall
be guilty of a misdemeanor punishable by a fine of  not  more  than  one
thousand  dollars, or imprisonment for not more than one year or by both
such fine and imprisonment.
§ 339. Filing fees. Each filing made pursuant to section three hundred
thirty-seven-a  of  subdivided  lands  situated outside the state of New
York shall be accompanied by a filing fee of seven hundred fifty dollars
plus an additional fee of ten dollars for each  lot  to  be  offered  in
excess of seventy-five lots.
§ 339-a. Rules and regulations. The department of state shall have the
power  to adopt from time to time or amend such rules and regulations as
it may deem necessary to carry out the provisions of this article.
§  339-b.  Powers  of  department.  The  department  of state may also
require such other data and information as it may deem relevant and  may
make  such  special  and  independent  investigations  as  it  may  deem
necessary in connection with the administration  of  this  article.  The
department of state by its examiner or other officer designated by it is
empowered  to  subpoena witnesses, compel their attendance, examine them
under oath before him or a magistrate, a court of record or a  judge  or
justice  thereof and require the production of any books or papers which
he deems relevant or material to the inquiry. Such power of subpoena and
examination shall not abate or terminate by  reason  of  any  action  or
proceeding  brought  by  the department of state under this article. The
provisions for payment of witness fee andor mileage do not apply to any
officer, director or person in the employ of  any  person,  partnership,
corporation,  company,  trust  or association whose conduct or practices
are being investigated. A subpoena issued under this  section  shall  be
regulated  by  the  civil  practice law and rules and, in addition, if a
person subpoenaed to attend such inquiry fails to obey the command of  a
subpoena  without  reasonable  cause,  or if a person in attendance upon
such inquiry shall without reasonable cause refuse to be sworn or to  be
examined  or  to  answer  a  question or to produce a book or paper when
ordered so to do by the officer conducting such inquiry, or if a person,
partnership, corporation, company, trust or association fails to perform
any act required hereunder to be performed, he  shall  be  guilty  of  a
misdemeanor.    It  shall  be  the  duty  of  all public officers, their
deputies, assistants, subordinates, clerks or employees  and  all  other
persons  to  render and furnish to the department of state, its examiner
or  other  designated  officer  when  requested  all   information   and
assistance  in  their  possession  or  within  their  power. Any officer
participating in such inquiry who shall disclose  to  any  person  other
than  the  secretary  of  state  the name of any witness examined or any
other information obtained upon such inquiry except as directed  by  the
secretary of state shall be guilty of a misdemeanor.
§  339-c. Action by department of state. 1. Whenever the department of
state shall believe from evidence satisfactory to it that  a  subdivider
has engaged in, is engaged or is about to engage in any of the practices
or  transactions  heretofore referred to as fraudulent practices, it may
have an action brought in the manner hereinafter provided  in  the  name
and  on  behalf  of  the  people  of  the state of New York against such
subdivider and any other person or persons theretofore concerned  in  or
in  any  way participating in or about to participate in such fraudulent
practices, to enjoin such subdivider and such other  person  or  persons
from  continuing  such fraudulent practices or engaging therein or doing
any act or acts in furtherance thereof or, if the  department  of  state
should believe from such evidence that such subdivider has or is engaged
in  any such fraudulent practice, it may have included in such action an
application to enjoin permanently such subdivider and such other  person
or  persons  as  may  have  been  or may be concerned with or in any way
participating in such fraudulent practice, from selling or offering  for
sale  to  the public within this state, as principal, owner, subdivider,
broker or agent or otherwise, any vacant land or lands. In  said  action
an order or a judgment may be entered awarding the relief applied for or
so  much  thereof  as  the  court may deem proper. Upon a showing by the
department of state in the application  brought  in  its  behalf  for  a
preliminary  injunction hereunder that the defendant named in the action
or an officer thereof has refused to be sworn or to be  examined  or  to
answer a material question or to produce a book or paper relevant to the
inquiry  when  duly  ordered  so  to  do  by  the  officer or judge duly
conducting an inquiry into the subject matter forming the basis  of  the
application for such preliminary injunction, such refusal shall be prima
facie  proof  that  such  defendant is or has been engaged in fraudulent
practices as set forth in such application and a preliminary  injunction
may  issue  from  the  supreme  court without any further showing by the
department of state.
2. If the vacant land or lands  of  a  foreign  corporation,  company,
association  or  non-resident  individual  are offered or advertised for
sale within the  state  of  New  York  and  such  corporation,  company,
association  or  non-resident  individual has not filed pursuant to laws
heretofore or hereafter existing the designation of a person  upon  whom
process  against  him  or  it  may  be  served or the designation of the
secretary of state as such person pursuant to section two hundred ten of
the general corporation  law  or  other  laws  heretofore  or  hereafter
existing  or in lieu thereof, an instrument in writing duly acknowledged
and filed in the office  of  the  secretary  of  state  designating  the
secretary  of  state as the person upon whom may be served any subpoena,
subpoena  duces  tecum  or  other  process  directed  to  such   foreign
corporation,  company, association or non-resident individual and issued
in any investigation, examination or proceeding pending or about  to  be
instituted  under  and  pursuant  to  the  provisions of this article, a
notice  may  be  served  upon  such  foreign  corporation,  company   or
association,  or  upon  any  non-resident  officer  thereof,  or  upon a
non-resident individual, by  mailing  the  same  in  a  securely  sealed
postpaid  wrapper  addressed  to  such  foreign  corporation, company or
association, or officer thereof, or non-resident individual, at  its  or
his  last  known  place of business or residence, and may in such notice
require that such foreign corporation, company or association,  or  such
officer   thereof,   or   non-resident  individual,  furnish  a  written
statement, verified as required in said notice, giving  the  information
therein  specified relating to the vacant land or lands offered or to be
offered in the state of New York by such foreign  corporation,  company,
association or non-resident individual or, in the alternative, that such
foreign  corporation,  company  or association, by its proper officer or
officers,  or  such  non-resident  individual,  shall  appear  within  a
reasonable  time  from  the  date of mailing such notice at a designated
place  within  this  state for examination and shall produce at the time
and place of such examination such books  and  papers  of  such  foreign
corporation,  company, association or non-resident individual, as may be
designated in such notice.
If such foreign corporation, company,  association,  or  such  officer
thereof, or non-resident individual, shall fail to furnish the statement
called  for  by such notice, or shall fail to appear pursuant thereto or
to produce the books and papers required  thereby  to  be  produced,  or
refuse  to  submit  to examination or to answer any proper question, the
proof of such failure or refusal shall constitute prima  facie  evidence
that  the  sale  or offering for sale or advertisement of vacant land or
lands of such foreign corporation, company, association or  non-resident
individual  constitutes a fraudulent practice within the meaning of this
act and may in the discretion of the court be treated  as  a  sufficient
basis  for  a  permanent  injunction  against  the  continuance  of such
fraudulent practice.
3. In any action brought in behalf  of  the  department  of  state  as
provided  in this article, the court at any stage of the proceedings may
appoint a receiver of any and all property derived by the  defendant  or
defendants  or  any  of  them by means of any such fraudulent practices,
including also all property with which such property has been mingled if
such property can not be identified in kind because of such commingling,
together with any or all books of account and  papers  relating  to  the
same.    The  judgment  entered  in  such  action  may provide that such
receiver shall take title to any or  all  such  property  and  books  of
account  and  papers relating to the same and liquidate such property or
any part thereof for the benefit of all persons intervening in the  said
action  and  establishing an interest in such property. The judgment may
also provide that all such property, the title to or interest  in  which
has  not  been established in such action by intervenors or otherwise by
due process to be in  a  person  or  persons  other  than  defendant  or
defendants,  shall  be  returned to the defendant or defendants as their
interest may appear. Such receiver shall be subject to all the duties of
receivers appointed in civil actions as far as practicable  except  that
such  provisions  relating  to  commissions or compensation of receivers
shall not be applicable to receivers appointed pursuant to this section,
but such commissions or compensation shall be fixed by the court in  any
amount  which  it  may determine to be just and equitable. In any action
brought in behalf of the department of state as provided in this article
the court may grant such other and further relief as may be proper.
4. Whenever the department of state  has  determined  to  commence  an
action  under  this article, it may have the attorney-general present to
any justice of the supreme  court,  before  beginning  such  action,  an
application  in  writing  for  an  order directing the person or persons
mentioned in the application to appear before the justice of the supreme
court or referee designated in such order and answer such  questions  as
may  be  put  to  them  or  to  any  of them, or to produce such papers,
documents and books concerning the alleged fraudulent practices to which
the action which  the  department  of  state  has  determined  to  bring
relates, and it shall be the duty of the justice of the supreme court to
whom  such  application for the order is made to grant such application.
The application for such order may  simply  show  upon  information  and
belief  that  the  testimony  of  such person or persons is material and
necessary. The provisions of the civil practice law and rules,  relating
to  an  application for an order for the examination of witnesses before
the commencement of an action and  the  method  of  proceeding  on  such
examination shall not apply except as herein prescribed. The order shall
be  granted  by the justice of the supreme court to whom the application
has  been made with such preliminary injunction or stay as may appear to
such justice to be proper and expedient and shall specify the time  when
and  place  where  the  witnesses are required to appear. The justice or
referee may adjourn such examination from time  to  time  and  witnesses
must  attend  accordingly.    The  testimony  of  each  witness  must be
subscribed by him and all must be filed in the office of  the  clerk  of
the county in which such order for examination is filed.
5. The order for such examination must be signed by the justice making
it  and  service of a copy thereof with an endorsement by the department
of state or the attorney-general, to the effect that  the  person  named
therein  is required to appear and be examined at the time and place and
before the justice and referee specified in such endorsement,  shall  be
sufficient  notice for the attendance of witnesses, such endorsement may
contain a clause requiring such person to produce  at  such  examination
all  books,  papers and documents in his possession or under his control
relating to the subject of such examination. The order shall  be  served
upon  the  person  named in the endorsement aforesaid by showing him the
original order and delivering to and leaving with him at the same time a
copy thereof, endorsed as above provided, and by paying or tendering  to
him  the  fee allowed by law to witnesses subpoenaed to attend trials of
civil actions in any court of record in this state.
6. The referee appointed as provided in this article possesses all the
powers and is subject to all the duties of  a  referee  appointed  in  a
civil  action,  so  far  as  practicable,  and may punish for contempt a
witness duly served with the papers as prescribed in  this  article  for
non-attendance or refusal to be sworn or to testify or to produce books,
papers  and  documents  according  to  the  direction of the endorsement
aforesaid, in the same manner and to the same extent  as  a  referee  to
hear, try and determine an issue of fact or of law.
7.  The  provisions of the civil practice law and rules shall apply to
all actions brought  under  this  article  except  as  herein  otherwise
8.  If any person shall ask to be excused from testifying or producing
any book, paper or other document before the department of state or  the
attorney-general or his deputy, or other officer designated by it or him
or  before  any  court,  or  magistrate,  or  referee,  upon  any trial,
investigation or proceeding initiated by the department  of  state,  the
attorney-general, district attorney, grand jury or court pursuant to the
provisions  of  this  article upon the ground or for the reason that the
testimony or evidence, documentary or otherwise,  required  of  him  may
tend  to  incriminate him or convict him of crime or to subject him to a
penalty or forfeiture, and shall  notwithstanding  be  directed  by  the
court,  referee, magistrate or officer conducting the inquiry to testify
or to produce such book, paper or document, he must none the less comply
with such direction but  in  such  event  he  shall  not  thereafter  be
prosecuted  or  subjected to any penalty or forfeiture for or on account
of any transaction, matter or thing concerning which he was  ordered  to
testify  or produce evidence, documentary or otherwise, pursuant thereto
and no testimony so given or produced shall be received against him upon
any criminal action, suit or proceeding, investigation,  inquisition  or
Provided,  however,  no  person  so  testifying  shall  be exempt from
prosecution or punishment for  any  perjury  committed  by  him  in  his
testimony  given  as  herein  provided  for, nor shall immunity apply to
corporations or to the officers as such.
ARTICLE 9-B
Condominium Act
Section 339-d.  Short title.
339-e.  Definitions.
339-f.  Application of article.
339-g.  Status of units.
339-h.  Ownership of units.
339-i.  Common elements.
339-j.  Compliance with by-laws and rules and regulations.
339-k.  Certain work prohibited.
339-l.  Liens  against  common  elements;  liens  against units;
liens for labor performed or materials furnished.
339-m.  Common profits and expenses.
339-n.  Contents of declaration.
339-o.  Contents of deeds and leases of units.