dliu1/legal-llama-raw-text huggingface dataset:
restrictive agreement an unexpired term of less than five years.
§  291-g.  Recording  insurance information. Every owner of a multiple
dwelling,  as  defined  in  subdivision  two  of  section  two   hundred
thirty-nine-a  of  this  chapter,  which  is  located  in  a city with a
population in  excess  of  one  million  persons  shall  file  with  the
department   of  housing  preservation  and  development  an  instrument
containing the name or names of the insurer  issuing  a  fire,  casualty
andor liability insurance policy for the multiple dwelling, the address
of the insurance company and the policy number.
§  291-h.  Recording  of liens by the state. The state may cause to be
filed in the appropriate office of the city register of the city of  New
York or in the county clerk's office of the county of Richmond or in the
county  clerk's  office  of any other county of the state where the real
property is situated a notice of lien created by the application for and
receipt of state aid provided pursuant to section 41.27  of  the  mental
hygiene  law or by the application for and receipt of state aid provided
pursuant to section 25.03 of the mental hygiene law and any  regulations
promulgated in connection therewith. Such notice shall briefly state the
recipient of the state aid, conditions of the provision of the state aid
and  shall  contain  a  general  description  by  metes and bounds or by
section, block and lot number  of  the  real  property  to  be  acquired
§  291-i. Validity of electronic recording. 1. Notwithstanding any law
to the contrary, (a) where a law, rule  or  regulation  requires,  as  a
condition  for  recording, that an instrument affecting real property be
an original, be on paper or another tangible medium or  be  in  writing,
the  requirement  is  satisfied  by  a  digitized  paper  document or an
electronic record of such instrument;
(b) where a law, rule or  regulation  requires,  as  a  condition  for
recording,  that  an  instrument  affecting real property be signed, the
requirement is satisfied, where the instrument  exists  as  a  digitized
paper  document, if the digitized image of a wet signature of the person
executing such instrument appears on such digitized paper  document  or,
where  the  instrument exists as an electronic record, if the instrument
is signed by use of an electronic signature;
(c) where a law, rule  or  regulation  requires,  as  a  condition  of
recording,  that  an  instrument  affecting real property or a signature
associated with such an instrument be notarized, acknowledged, verified,
witnessed or made under oath, the signature requirement is satisfied if:
(i) the digitized image of a wet signature of the person  authorized  to
perform that act and any stamp, impression or seal required by law to be
included,  appears  on a digitized paper document of such instrument; or
(ii) the electronic signature of the person authorized to  perform  that
act,  and  all other information required to be included, is attached to
or logically associated with an electronic record  of  such  instrument,
provided,  however  that  no  physical  or  electronic image of a stamp,
impression or seal  shall  be  required  to  accompany  such  electronic
(d)  where  a  law,  rule  or  regulation  requires, as a condition of
recording an instrument affecting real property, that  any  accompanying
document  be  filed  therewith,  the requirement is satisfied if, in the
case of recording by electronic means, a  digitized  paper  document  or
electronic  record of any such accompanying document is presented to the
recording officer at the same time as such  instrument  is  recorded  by
electronic  means;  provided  that each such document or record shall be
presented to  the  recording  officer  as  a  separate  digitized  paper
document or electronic record unto itself.
2.  A  digitized  paper document or documents shall be created using a
software application or other electronic process which stores  an  image
of  the  original paper document or documents, and which does not permit
additions, deletions or other changes to  the  digitized  image,  or  if
additions,  deletions  or  changes  are  permitted, a media trail exists
which creates an electronic record which makes it possible  to  identify
3.  Nothing  in  this  section  or any other provision of law shall be
construed to require the recording by electronic  means  of  instruments
affecting   real   property.  The  decision  by  each  county  clerk  to
participate in electronic recording  is  discretionary.  Once  a  county
clerk  permits  electronic  recording,  the  county  shall  accept  such
electronic recordings.
4. Where any recording  officer  permits  instruments  affecting  real
property and any accompanying documents to be presented for recording or
filing  as  digitized  paper documents or electronic records pursuant to
this section, such recording by electronic means shall be in  accordance
with the rules and regulations established by the electronic facilitator
pursuant to subdivision five of this section.
5.  In  order to ensure consistency in the standards and practices of,
and the  technology  used  by  recording  officers  in  the  state,  the
electronic  facilitator,  as described in section three hundred three of
the state technology law,  shall,  consistent  with  the  provisions  of
article  three  of  the  state  technology  law,  promulgate  rules  and
regulations, and amendments thereto, as appropriate  governing  the  use
and  acceptance  of  digitized  paper  documents, electronic records and
electronic  signatures  under this article. Such authority shall address
and be limited to  standards  requiring  adequate  information  security
protection  to  ensure  that electronic records of instruments affecting
real property documents are accurate,  authentic,  adequately  preserved
for  long-term  electronic  storage  and  resistant  to  tampering. When
promulgating rules and regulations, the electronic facilitator may  take
into  consideration:  (a)  the  most  recent  standards  promulgated  by
national  standard-setting  bodies  such  as,  without  limitation,  the
property  records  industry  association;  (b)  the  views of interested
persons and governmental  officials  and  entities,  including  but  not
limited  to  recording  officers and representatives of the state title,
legal and banking industries; and (c) the needs of counties  of  varying
size, population, and resources.
6. Nothing contained in this section shall be construed to authorize a
recording  officer  to  furnish digitized paper documents of the reports
required by section five hundred seventy-four of the real  property  tax
law.  Such  reports  shall  be  furnished  as  paper  documents with the
requisite notations thereon,  except  where  the  state  board  of  real
property  services has agreed to accept data submissions in lieu thereof
or has provided for the electronic transmission of such data pursuant to
§  291-j.  Recording  of  declarations  by  the  New York state energy
research and development authority.  Pursuant  to  subdivision  five  of
section  eighteen  hundred ninety-six of the public authorities law, the
New York state energy research and development authority shall record or
cause to be  recorded,  in  the  office  of  the  appropriate  recording
officer,  a  declaration evidencing the existence of a loan as described
therein and, upon satisfaction of such loan, such authority shall file a
declaration of repayment and full satisfaction  of  the  loan  repayment
utility   meter   charge.   The  recording  officer  shall  record  such
declarations in the same book,  provided  under  section  three  hundred
fifteen  of  the  real  property  law,  in  which such recording officer
records deeds.
§  292.  By whom conveyance must be acknowledged or proved.  Except as
otherwise provided by this article, such acknowledgment can be made only
by the person who executed the conveyance, and such proof  can  be  made
only  by  some  other person, who was a witness of its execution, and at
the same time subscribed his name to the conveyance as a witness.
§   292-a.      Conveyances   by  certain  corporations  executed  and
acknowledged by attorneys in fact entitled to recordation.  A conveyance
of real  property,  within  the  state,  or  of  any  interest  therein,
including  an instrument discharging or satisfying a lien created by any
such conveyance, executed and acknowledged by an attorney in fact of any
corporation wholly owned, directly or indirectly, by the  United  States
of  America,  or  any  other  corporation  which has so filed a power of
attorney, whether heretofore or hereafter so executed and  acknowledged,
shall  be  entitled  to  recordation under this article on tender of the
lawful fees therefor, even though the corporate seal of such corporation
be not annexed or affixed, if the power of attorney  pursuant  to  which
such attorney in fact has executed such conveyance, duly acknowledged or
proved  by  such  corporation, and certified, as required by section two
hundred ninety-four, is filed or recorded in the office of the clerk  of
the  county  where  the  real  property,  which  is  the subject of such
conveyance, is located.
§  293. Recording of conveyances heretofore acknowledged or proved.  A
conveyance of real property, within the state, heretofore executed,  and
heretofore  acknowledged  or proved, and certified, so as to be entitled
to be read in evidence, or recorded, under the laws in force at the time
when so acknowledged or proved, but  which  has  not  been  recorded  is
entitled  to  be  read in evidence, and recorded in the same manner, and
with the like effect, as  if  this  chapter  had  not  been  passed.  If
heretofore executed, but not proved or acknowledged, it may be proved or
acknowledged  in  the  same manner as conveyances hereafter executed and
with like effect.
§  294.  Recording  executory contracts and powers of attorney.  1. An
executory contract for the sale, purchase or exchange of real  property,
or  an instrument canceling such a contract, or an instrument containing
a power to convey real property, as the agent or attorney for the  owner
of the property, acknowledged or proved, and certified, in the manner to
entitle  a  conveyance  to be recorded, may be recorded in the office of
the recording officer of any county in which any of the real property to
which it relates is situated, and such recording officer shall, upon the
request of any party, on tender of the lawful fees therefor, record  the
same in his said office.
2.  In  lieu  of  the recording of an executory contract, there may be
recorded a memorandum thereof, executed by the parties, and acknowledged
or proved, and certified, in the manner to entitle a  conveyance  to  be
recorded,  containing at least the following information with respect to
the contract: the names of the parties to the contract, the  time  fixed
by  the  contract  for the conveyance of title, and a description of the
property. The executory contract shall be deemed duly recorded upon  the
recording of a memorandum in conformity with this subdivision.
If  the  purchaser is entitled to possession of the property under the
terms of the contract, the memorandum must so state. The  provisions  of
article  eleven  of  the tax law shall not be applicable to an executory
contract for the  sale,  purchase  or  exchange  of  real  property,  or
memorandum  thereof,  unless the contract provides that the purchaser is
entitled to possession of the property.
3. Every executory contract for the sale, purchase or exchange of real
property not recorded as provided in  this  section  shall  be  void  as
therefrom  as  provided in section two hundred ninety-four-a of the real
property law, in good faith and for a valuable consideration,  from  the
same  vendor  or  assignor,  his  distributees  or  devisees,  and whose
conveyance, contract or assignment is first duly recorded, and shall  be
void  as  against  the  lien  upon the same real property or any portion
thereof arising from payments made upon the execution of or pursuant  to
the  terms  of  a  contract  with  the  same vendor, his distributees or
devisees, if such contract is made in  good  faith  and  is  first  duly
4.  (a)  Where  an  executory contract is duly recorded as provided in
this section the right of the purchaser to performance of  the  contract
is  enforceable  against  a  person who, subsequent to the recording and
while the recording is effective as provided in this section,  purchases
or acquires by exchange the same real property or any part thereof, from
the same vendor, his distributees or devisees.
(b)  If the recorded contract provides for payments made or to be made
by the purchaser before conveyance of title, including payments made  at
the execution of the contract, or if the recorded memorandum states that
the  contract  so  provides,  the lien of the purchaser arising from any
such payments actually made  is  enforceable  against  any  such  person
described in paragraph (a) to the extent of such payments, not exceeding
the  total  amount specified in the recorded contract or memorandum, and
is so enforceable without regard to any notice of the estate or interest
of such person.
5. The recording of the executory  contract  or  memorandum  shall  be
effective  for  the purposes of subdivision four up to and including the
thirtieth day after the day fixed by the contract for the conveyance  of
title.  An  agreement  extending  the  time for the conveyance of title,
acknowledged or proved, and  certified,  in  the  manner  to  entitle  a
6.  An  executory  contract  or memorandum thereof shall not be deemed
recorded as provided in this section if it is  recorded  more  than  one
year previous to the date on which the vendor acquired title to the real
property to which the contract relates.
An  executory  contract  recorded  before  the  date  when  the vendor
acquired title shall not be deemed recorded as provided in this  section
as  against a person to whom the real property is conveyed or contracted
to be sold or exchanged, by a conveyance or contract which  is  part  of
the transaction in which the vendor acquired title.
7.  An  option  to  purchase or lease real property shall be deemed an
executory contract within the meaning of this section, except  that  the
recording  of  the  option  agreement  shall be effective only up to and
including the thirtieth day after the last day fixed  by  the  agreement
for the exercise of the option. If the option is exercised in accordance
with  the  terms  of  the  option agreement, the optionee may extend the
effectiveness of the recording of the option agreement to and  including
the  thirtieth  day after the day fixed pursuant to the option agreement
for the conveyance of title or the execution and delivery of the  lease,
as  the case may be, by recording, within thirty days after the last day
fixed by the option agreement for the exercise of the option, a  written
declaration  executed  by  the  optionor  and  the  optionee,  or by the
optionee alone, and acknowledged or proved and certified in  the  manner
to entitle a conveyance to be recorded, stating that the said option has
been  duly  exercised  and  setting  forth the day fixed pursuant to the
option agreement for the  conveyance  of  title  or  the  execution  and
delivery  of  the  lease,  as  the  case  may be. In the event that such
declaration is executed by the optionee alone, it shall be  verified  by
the  optionee and shall also set forth the time and manner in which such
option was exercised and, if the last day for the conveyance of title or
the execution and delivery of the lease is not specified in  the  option
agreement,  the  extension  of the effectiveness of the recording of the
option agreement shall in no event exceed ninety days from the  date  of
the recording of such declaration.
8.  (a) After the recording of an executory contract or memorandum has
ceased to be effective as provided in subdivision five, or the recording
of an option to purchase  or  lease  real  property  has  ceased  to  be
effective  as  provided  in  subdivision seven, such executory contract,
memorandum or option shall be (1) void as against a subsequent purchaser
in good faith and for a valuable consideration, who has no other  notice
of  an  estate  or  interest  of  the contract vendee or optionee in the
premises to which such contract, memorandum or option refers, or of  any
claim  thereof,  and  (2)  ineffective to give notice to such subsequent
purchaser of any estate or interest of the contract vendee  or  optionee
in  such  premises,  or  of  any claim thereof, or to create any duty of
inquiry with respect thereto.
(b) For the purposes  of  this  subdivision,  purchaser  includes  a
acquire  by  exchange the same premises or any portion thereof or estate
or interest therein, or acquires by assignment the rent to  accrue  from
tenancies  or  subtenancies  thereof  in  existence  at  the time of the
§  294-a.  Recording assignments of rent.  1. An assignment of rent to
accrue  from  tenancies,  subtenancies,  leases  or  subleases  of  real
property,  irrespective  of  the term of their duration, in existence at
the time of the assignment, made, subscribed and acknowledged or proved,
and certified in a manner to entitle a conveyance to be recorded may  be
recorded  in  the office of the recording officer of any county in which
any of the real property to which the tenancies, subtenancies, leases or
subleases relate is situated, and such recording officer shall, upon the
2.  Every such assignment not so recorded shall be void as against any
person who subsequently purchases or acquires by exchange, or  contracts
to  purchase  or  acquire  by  exchange,  the same real property, or any
portion thereof, or acquires by assignment the rent to accrue  therefrom
as  provided  in  this  section,  in  good  faith  and  for  a  valuable
consideration, from the same vendor or  assignor,  his  distributees  or
devisees,  and  whose  conveyance,  contract or assignment is first duly
3. The recording of such assignment shall not be in itself a notice of
the assignment to a lessee or tenant, his distributees or  devisees,  so
as  to  invalidate  a  payment of rent made by the lessee or tenant, his
distributees or devisees, to the assignor or a  prior  assignee  of  the
§  294-b. Recording brokers affidavit of entitlement to commission for
completed brokerage services. 1. A duly licensed real estate broker  who
asserts  that  he  or  she has produced a person who was ready, able and
willing to purchase or lease all  or  any  part  of  a  parcel  of  real
property  or  any  interest  in  a  cooperative  apartment pursuant to a
written or oral contract of brokerage employment between  the  owner  of
said  parcel of real property or interest in a cooperative apartment and
such broker, and who asserts that such person or a party acting  on  his
or  her  behalf  subsequently  contracted  to  purchase or lease, or did
purchase or lease such  real  property  or  any  part  thereof,  or  any
interest  in  a  cooperative apartment and who asserts that he or she is
entitled to a commission pursuant to such written or oral contract,  may
file  an  affidavit of entitlement to commission for completed brokerage
services in the office of the recording officer of any county  in  which
any of the real property is situated.
2.  Such  affidavit  shall include: (i) the name and license number of
the broker claiming the commission; (ii)  the  name  of  the  seller  or
person  responsible  for  commission;  (iii)  the  name  of  the  person
authorizing the sale on behalf of the seller, if any, and  the  date  of
such  authorization; (iv) a copy of the written agreement, if any; (v) a
description  of  the  real  property  or  interest  in  the  cooperative
apartment  involved;  (vi)  the  amount  of  commission claimed; (vii) a
description of the brokerage services performed; and  (viii)  the  dates
thereof.  Recording  such affidavit shall not invalidate any transfer of
real property or lease thereof. Such affidavit shall not  be  deemed  to
create a lien and shall be discharged one year after filing.
3.  Upon  receipt  by  the  county  clerk  of  a broker's affidavit of
entitlement to commission  for  completed  brokerage  services  for  the
purpose of recording, entering and indexing, the clerk shall record such
affidavit  in  the  lien  docket and shall note thereon that such notice
does not constitute a lien nor  shall  it  invalidate  any  transfer  or
lease.  In  payment for said services the county clerk shall be entitled
to receive a fee equivalent to that received for recording  a  deed  and
pages thereof.
4.  (a)  Within  five  business  days  after  filing  the affidavit of
entitlement, the broker shall serve a copy of such affidavit, along with
the fee required pursuant to paragraph (c) of subdivision five  of  this
section, upon the seller by registered or certified mail, return receipt
requested  or  by  personal  delivery,  to  the address set forth in the
written contract of brokerage employment. If the delivery of the deed or
delivery of the stock certificate andor proprietary lease will occur in
five business  days  or  less  from  the  filing  of  the  affidavit  of
entitlement,  then  the  broker  shall  personally deliver a copy of the
affidavit of entitlement to the seller. Where there  is  more  than  one
seller,  service  upon one seller shall be deemed sufficient to meet the
requirements of this  paragraph.  Failure  to  serve  the  affidavit  of
entitlement  upon  the  seller  pursuant to this paragraph shall cause a
forfeiture of  the  broker's  rights  under  subdivision  five  of  this
section. In the event the seller fails to deposit any monies pursuant to
paragraph  (a)  of  subdivision  five  of this section, the seller shall
immediately return the fee provided by the broker.
(b) If the seller is represented by an attorney and has  provided  the
attorney's  contact information to the broker prior to the filing of the
affidavit of entitlement,  the  broker  shall  provide  a  copy  of  the
affidavit  of  entitlement to the seller's attorney via mail, facsimile,
e-mail, personal delivery or any other agreed upon  method  within  five
business  days of the filing of the affidavit of entitlement. Failure to
deliver a copy of the affidavit of entitlement to the seller's  attorney
pursuant  to  this paragraph shall not cause a forfeiture of the brokers
rights under subdivision five of this section.
5.  (a)  Whenever  an affidavit of entitlement by a duly licensed real
estate broker, which includes a written contract of brokerage employment
containing the notices set forth in paragraph (j) of  this  subdivision,
has  been  recorded  pursuant to this section prior to the delivery of a
deed in connection with a sale of all or any part of a  parcel  of  real
property,  or delivery of the stock certificate andor proprietary lease
in connection with the sale of a cooperative apartment, and  the  broker
does  not  receive  the  compensation called for under the terms of such
written contract at or prior to the delivery of the deed or delivery  of
the  stock  certificate  andor proprietary lease, the lesser of the net
proceeds of the sale  or  the  amount  of  the  unpaid  portion  of  the
compensation  agreed  to  in such written contract shall be deposited by
the seller, at the time of delivery of the deed or delivery of the stock
certificate andor proprietary lease,  with  the  recording  officer  in
whose office such affidavit of entitlement had been recorded.
(b)  In  the  event  multiple  affidavits  of entitlement are filed in
connection with a sale of real property or any interest in a cooperative
apartment pursuant to this section, the seller  shall  be  obligated  to
deposit an amount equal to the lesser of the net proceeds of the sale or
the  greatest amount of the unpaid portion of the compensation agreed to
in the  written  contracts  of  brokerage  employment  attached  to  the
multiple affidavits of entitlement.
(c)  Upon  deposit  of  any  monies  pursuant to paragraph (a) of this
subdivision, the recording officers shall be entitled to receive  a  fee