dliu1/legal-llama-raw-text huggingface dataset:
Section 778 - Appointment of administrator1. The court is authorized and empowered, in implementation of a judgment rendered pursuant to section seven hundred seventy-six or seven hundred seventy-seven of this article, to appoint a person other than the owner, a mortgagee or lienor, to receive and administer the rent moneys or security deposited with such owner, mortgagee or lienor, subject to the court's direction. The court may appoint the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city or the commissioner's designee as such administrator, provided that the commissioner or the commissioner's designee shall consent, in writing, to such appointment. Any administrator is authorized and empowered in accordance with the direction of the court, to order the necessary materials, labor and services to remove or remedy the conditions specified in the judgment, and to make disbursements in payment thereof; and to demand, collect and receive the rents from the tenants; and to institute all necessary legal proceedings including, but not limited to, summary proceedings for the removal of any tenant or tenants; and to rent or lease for terms not exceeding three years any part of said premises, however, the court may direct the administrator to rent or lease commercial parts of said premises for terms that the court may approve. In addition, such administrator is authorized and empowered in accordance with the direction of the court to accept and repay such moneys as may be received from the department charged with enforcement of the housing maintenance code of the city of New York for the purpose of managing the premises, replacing or substantially rehabilitating systems or making other repairs or capital improvements authorized by the court. All moneys expended by the department pursuant to the foregoing shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof. Such lien shall be enforced in accordance with the provisions of article eight of subchapter five of the housing maintenance code of the city of New York. Such administrator, shall, upon completion of the work prescribed in such judgment, file with the court a full accounting of all receipts and expenditures for such work. Such administrator shall dispose of the rents and other monies deposited with such administrator according to the following order of priority: (a) Payment in full for all of the work specified in the judgment.
Until all of the work specified in the judgment has been completed and payment for such work has been made, no other disbursements shall be permitted, except for fuel bills, fire and liability insurance, and bills for ordinary repairs and maintenance.
N.Y. Real Prop. Acts. Law § 778
Section 779 - Presentation or settlement of accounts
The court shall require the keeping of written accounts itemizing the receipts and expenditures under an order issued pursuant to section seven hundred seventy-six or seven hundred seventy-seven of this article, which shall be open to inspection by the owner, any mortgagee or lienor or any other person having an interest in such receipts or expenditures provided, however, notwithstanding any other provision of law to the contrary, such information as may be in the possession of the city of New York with the department charged with the enforcement of the housing maintenance code of such city shall be available from such department for inspection only by the owner, tenant of such property, or person having a recorded interest in the property. Upon motion of the court or the administrator or of the owner, any mortgagee or lienor of record or of any person having an interest, the court may require a presentation or settlement of the accounts with respect thereto. Notice of a motion for presentation or settlement of such accounts shall be served on the owner, any mortgagee or other lienor of record who appeared in the proceeding and any person having an interest in such receipts or expenditures.
N.Y. Real Prop. Acts. Law § 779
Section 780 - Waiver void
Any provision of a lease or other agreement whereby any provision of this article for the benefit of a tenant, resident or occupant of a dwelling is waived, shall be deemed against public policy and shall be void.
N.Y. Real Prop. Acts. Law § 780
Section 781 - Owner defined
As used in this article, the term owner shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to section three hundred nine of the multiple dwelling law.
N.Y. Real Prop. Acts. Law § 781
Section 782 - Dwelling defined
As used in this article, the term dwelling shall mean any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other; or is a garden-type maisonette dwelling project as defined in the multiple dwelling law or other similar dwellings which in their aggregate are arranged or designed to provide three or more apartments, have common facilities such as but not limited to a sewer line, water main, or heating plant and are operated as a unit under common ownership, notwithstanding that certificates of occupancy were issued for portions thereof as one or two family dwellings or that the dwellings are not a multiple dwelling as defined in the multiple dwelling law.
N.Y. Real Prop. Acts. Law § 782
Section 783 - Defense of warranty of habitability inapplicable
Notwithstanding any other provision of law, in any proceeding for the payment of rent commenced by an administrator appointed pursuant to this article, the provisions of section two hundred thirty-five-b of the real property law pertaining to the warranty of habitability shall not be a defense to such a proceeding for rent which accrues during the period of time that a judgment or an order pursuant to this article is in effect, unless the court determines that the conditions upon which such defense is based were caused by the failure of such administrator to perform his duties in a reasonable manner.
N.Y. Real Prop. Acts. Law § 783
Article 8 - WASTE AND OTHER ACTIONS AND RIGHTS OF ACTION FOR INJURY TO REAL PROPERTY
Section 801 - Who liable to action for waste
An action for waste lies against a tenant by the curtesy, in dower, for life, or for years, or the assignee of such a tenant, who, during his estate or term, commits waste upon the real property held by him, without a special and lawful written license so to do; or against such a tenant who lets or grants his estate and still retaining possession thereof commits waste without a like license.
N.Y. Real Prop. Acts. Law § 801
Section 803 - Alterations or replacements of structures by person having estate for life or years1. When a person having an estate for life or for years in land proposes to make an alteration in, or a replacement of a structure or structures located thereon, then the owner of a future interest in such land can neither recover damages for, nor enjoin the alteration or replacement, if the person proposing to make such alteration or replacement complies with the requirements hereinafter stated as to the giving of security and establishes the following facts: a. That the proposed alteration or replacement is one which a prudent owner of an estate in fee simple absolute in the affected land would be likely to make in view of the conditions existing on or in the neighborhood of the affected land; and b.That the proposed alteration or replacement, when completed, will not reduce the market value of the interests in such land subsequent to the estate for life or for years; and c.That the proposed alteration or replacement is not in violation of the terms of any agreement or other instrument regulating the conduct of the owner of the estate for life or for years or restricting the land in question; and d.That the life expectancy of the owner of the estate for life or the unexpired term of the estate for years is not less than five years; and e.That the person proposing to make such alteration or replacement, not less than thirty days prior to commencement thereof, served upon each owner of a future interest, who is in being and ascertained, a written notice of his intention to make such alteration or replacement, specifying the nature thereof, which notice was served personally or by registered mail sent to the last known address of each such owner of a future interest. 2. When the owner of a future interest in the affected land demands security that the proposed alteration or replacement, if begun, will be completed and that he be protected against responsibility for expenditures incident to the making of the proposed alteration or replacement, the court in which the action to recover damages or to enjoin the alteration or replacement is pending, or if no such action is pending, the supreme court, on application thereto, on such notice to the interested parties as the court may direct, shall fix the amount and terms of the security reasonably necessary to satisfy such demand. The furnishing of the security so fixed shall be a condition precedent to the making of the proposed alteration or replacement.3. This section applies only to estates for life or for years created on or after September 1, 1937.
N.Y. Real Prop. Acts. Law § 803
Section 811 - Action for waste by heir, devisee or grantor of reversion
An heir or devisee may maintain an action for waste, committed in time of his ancestor or testator, as well as in his own time. The grantor of a reversion may maintain an action for waste committed before he aliened the same.
N.Y. Real Prop. Acts. Law § 811
Section 812 - Action for waste by ward against guardian
Such an action may also be maintained against a guardian by his ward, either before or after the termination of the guardianship, for waste committed upon the real property of the ward during the guardianship.
N.Y. Real Prop. Acts. Law § 812
Section 813 - Action for waste by grantee of real property sold under execution
Where real property is sold by virtue of an execution, the person to whom a conveyance is executed pursuant to the sale may maintain an action for waste, committed thereon after the sale, against the person who was then in possession of the property.
N.Y. Real Prop. Acts. Law § 813
Section 815 - Judgment in action for waste against tenant of particular estate
If the plaintiff recovers in an action for waste, other than an action brought as prescribed in section 817, the final judgment must award to him compensatory damages. Where the action is brought by the person next entitled to the reversion and it appears, in like manner, that the injury to the estate in reversion is equal to the value of the tenant's estate or unexpired term, the final judgment must also award to the plaintiff the forfeiture of the defendant's estate and the possession of the place wasted.
N.Y. Real Prop. Acts. Law § 815
Section 817 - Action for waste against joint tenant or tenant in common1. An action for waste may also be maintained by a joint tenant or tenant in common against his co-tenant who commits waste upon the real property held in joint tenancy or in common. If the plaintiff recovers therein he is entitled, at his election, either to a final judgment for compensatory damages or to have partition of the property as prescribed in subdivisions 2 and 3 of this section.2. Where the plaintiff elects to have partition, if the pleadings, verdict, report, or decision do not determine the rights and interests of the several parties in the property so held in joint tenancy or in common, the court must ascertain them, by a reference or otherwise. If it appears that there are persons, not parties to the action, who must have been made parties to an action for partition of the property, they must be brought in by supplemental summons and, if necessary, supplemental pleadings must be made. When the rights and interests of all the parties are ascertained, an interlocutory judgment for the partition or sale of the property must be rendered and the subsequent proceedings therein must be the same as in an action for partition, except as otherwise prescribed in subdivision 3.3. The plaintiff may elect to take final judgment for the damages awarded to him, or that, in making the partition, or in dividing the proceeds of a sale, so much of the share of the defendant in the real property, or the proceeds thereof, as will be sufficient to compensate the plaintiff for his damages, and the costs of the action, other than the expenses of making the partition or sale, be laid off or paid, as the case may be, to the plaintiff. The residue of the property or proceeds, not laid off or distributed to the plaintiff or the defendant, must be laid off or paid to the persons entitled thereto, according to their respective rights and interests.
N.Y. Real Prop. Acts. Law § 817
Section 821 - View in action for waste
In an action for waste it is not necessary, either upon the execution of a writ of inquiry or upon the trial of an issue of fact, that the jury, the judge, or the referee should view the property. Where the trial is by a referee, or by the court without a jury, the referee or the judge may, in his discretion, view the property and direct the attorneys for the parties to attend accordingly. In any other case, the court may in its discretion, by order direct a view by the jury.
N.Y. Real Prop. Acts. Law § 821
Section 831 - Action by reversioner or remainderman
A person seized of an estate in remainder or reversion may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
N.Y. Real Prop. Acts. Law § 831
Section 833 - Recovery of fee damages by the owner of a possessory estate for life or for years
When the ownership of land is divided into a possessory estate for life or for years and one or more future interests, and a person having none of these interests causes damage to such land, the damages recoverable by the owner of such possessory interest from the wrongdoing third person may include damages caused to interests in the affected land other than those owned by parties to the action or proceeding when, but only when, all living persons who have either a possessory or a future interest in the affected land are parties thereto. The court in which any such recovery of damages occurs shall make such direction for the distribution of the damages recovered among the persons who are parties to the action or proceeding and for the protection of the interests of persons who are not parties thereto, as justice may require.
A tenant for life or for years in the land damaged is entitled to receive from the recovery, in satisfaction of the damage to his estate or interest, either a sum in gross or the earnings of a sum invested for his benefit. The determination as to whether a sum in gross or the earnings of a sum invested shall be awarded to the owner of such particular estate shall be governed by the provisions with respect to the proceeds of a sale in partition.
N.Y. Real Prop. Acts. Law § 833
Section 841 - Action for nuisance
An action for a nuisance may be maintained in any case where such an action might have been maintained under the laws in force immediately before the taking effect of article seventh of title one of chapter fourteenth of the code of civil procedure as added thereto by chapter one hundred seventy-eight of the laws of eighteen hundred eighty. A person by whom the nuisance has been erected and a person to whom the real property has been transferred may be joined as defendants in such an action. A final judgment in favor of the plaintiff may award him damages or direct the removal of the nuisance or both. This section does not affect an action wherein the complaint demands judgment for a sum of money only.
N.Y. Real Prop. Acts. Law § 841
Section 843 - Fences and structures, when private nuisance
Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoining land from the enjoyment of light or air, the owner or occupant who shall thereby be deprived of light or air shall be entitled to maintain an action in the supreme court to have such fence or structure adjudged a private nuisance. If it shall be so adjudged its continued maintenance may be enjoined. This section shall not preclude the owner or lessee of land from improving the same by the erection of any structure thereon in good faith.
N.Y. Real Prop. Acts. Law § 843
vSection 851 - Action against certain persons holding over as trespassers
A person in possession of real property as guardian or trustee for an infant, or having an estate determinable upon one or more lives, who holds over and continues in possession after the determination of his trust or particular estate, without the express consent of the person then immediately entitled, is a trespasser. An action may be maintained against him or his executor or administrator, by the person so entitled, or his executor or administrator, to recover the full value of the profits received during the wrongful occupation.
N.Y. Real Prop. Acts. Law § 851
Section 853 - Action for forcible or unlawful entry or detainer; treble damages
If a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence or by unlawful means, he is entitled to recover treble damages in an action therefor against the wrong-doer.
N.Y. Real Prop. Acts. Law § 853
Section 861 - Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon1. If any person, without the consent of the owner thereof, cuts, removes, injures or destroys, or causes to be cut, removed, injured or destroyed, any underwood, tree or timber on the land of another or on the common or other land of a city, village, town or county, or damages the land in the course thereof, an action may be maintained against such person for treble the stumpage value of the tree or timber or two hundred fifty dollars per tree, or both and for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands andor by the assessment of monetary payment to make such restoration.2. In any action brought pursuant to subdivision one of this section, if the defendant establishes by clear and convincing evidence, that when the defendant committed the violation, he or she had cause to believe the land was his or her own, or that he or she had an easement or right of way across such land which permitted such action, or he or she had a legal right to harvest such land, then he or she shall be liable for the stumpage value or two hundred fifty dollars per tree, or both and reasonable costs associated with maintaining an action pursuant to this section. In such case, the defendant shall also be liable for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands andor by the assessment of monetary payment to make such restoration.3. For the purposes of this section stumpage value shall mean the current fair market value of a tree as it stands prior to the time of sale, cutting, or removal. Stumpage value shall be determined by one or more of the following methods: the sale price of the tree in an arm's-length sale, a review of solicited bids, the stumpage price report prepared by the department of environmental conservation, comparison with like sales on trees on state or private lands, or other appropriate means to assure that a fair market value is established within an acceptable range based on the appropriate geographic area.
N.Y. Real Prop. Acts. Law § 861
Section 871 - Action for the removal of encroaching structures1. An action may be maintained by the owner of any legal estate in land for an injunction directing the removal of a structure encroaching on such land. Nothing herein contained shall be construed as limiting the power of the court in such an action to award damages in an appropriate case in lieu of an injunction or to render such other judgment as the facts may justify.2. This section shall not be deemed to repeal or modify any existing statute or local law relating to encroaching structures.
N.Y. Real Prop. Acts. Law § 871
Section 881 - Access to adjoining property to make improvements or repairs
When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been refused, the owner or lessee seeking to make such improvements or repairs may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Such license shall be granted by the court in an appropriate case upon such terms as justice requires. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.
N.Y. Real Prop. Acts. Law § 881
Article 9 - ACTION FOR PARTITION
Section 901 - By whom maintainable1. A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners.2. A person holding a future estate as defined in sections fortyforty-a or forty-b of the real property law or a reversion as joint tenant or tenant in common may maintain an action for the partition of the real property to which it attaches, according to his respective share, subject to the interest of the person holding the particular estate, but no sale of the premises in such an action shall be made except with the consent in writing, to be acknowledged or proved and certified in like manner as a deed to be recorded, of the person owning and holding such particular estate. If partition or sale cannot be made without great prejudice to the owners, the complaint shall be dismissed; dismissal shall not affect the right of any party to bring a new action after the determination of such particular estate.3. A person entitled as a joint tenant or a tenant in common by reason of his being an heir of a person who died holding and in possession of real property, may maintain an action for partition, whether he is in or out of possession, notwithstanding an apparent devise to another by the decedent, and possession under such a devise. The plaintiff shall establish that the apparent devise is void.4. In the event the estate of a decedent is the owner of an estate in common in real property, the executor or administrator may bring a partition action or intervene in a pending partition action on behalf of the estate if, upon application duly made, the surrogate approves.
N.Y. Real Prop. Acts. Law § 901
Section 903 - Necessary defendants
Each of the following persons shall be made a party to the action: