reglab/housing_qa huggingface dataset:
NY Real Prop Actions L § 803 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 803 - Alterations or Replacements of Structures by Person Having Estate for Life or Years.

§  803.  Alterations  or  replacements  of structures by person having   estate for life or years. 1. 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; andb. 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; andc. 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; andd. 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; ande.  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.
NY Real Prop Actions L § 811 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 811 - Action for Waste by Heir, Devisee or Grantor of Reversion.

§  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.
NY Real Prop Actions L § 812 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 812 - Action for Waste by Ward Against Guardian.

§  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.
NY Real Prop Actions L § 813 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 813 - Action for Waste by Grantee of Real Property Sold Under Execution.

§  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.
NY Real Prop Actions L § 815 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 815 - Judgment in Action for Waste Against Tenant of Particular Estate.

§  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.
NY Real Prop Actions L § 817 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 817 - Action for Waste Against Joint Tenant or Tenant in Common.

§  817. Action for waste against joint tenant or tenant in common.  1.   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.
NY Real Prop Actions L § 821 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 821 - View in Action for Waste.

§  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.
NY Real Prop Actions L § 831 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 831 - Action by Reversioner or Remainderman.

§  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.
NY Real Prop Actions L § 833 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 833 - Recovery of Fee Damages by the Owner of a Possessory Estate for Life or for Years.

§ 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.
NY Real Prop Actions L § 841 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 841 - Action for Nuisance.

§ 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.
NY Real Prop Actions L § 843 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 843 - Fences and Structures, When Private Nuisance.

§  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.
NY Real Prop Actions L § 851 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 851 - Action Against Certain Persons Holding Over as Trespassers.

§  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.
NY Real Prop Actions L § 853 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 853 - Action for Forcible or Unlawful Entry or Detainer; Treble Damages.

§  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.
NY Real Prop Actions L § 861 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 861 - Action for Cutting, Removing, Injuring or Destroying Trees or Timber, and Damaging Lands Thereon.

§  861.  Action for cutting, removing, injuring or destroying trees or   timber, and damaging lands  thereon.  1.  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   and/or 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  and/or  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.
NY Real Prop Actions L § 871 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 871 - Action for the Removal of Encroaching Structures.

§  871. Action for the removal of encroaching structures. 1. 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.
NY Real Prop Actions L § 881 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property 881 - Access to Adjoining Property to Make Improvements or Repairs.

§  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.
NY Real Prop Actions L § 901 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 9 - Action for Partition 901 - By Whom Maintainable.

§  901. By whom maintainable. 1. 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  forty,   forty-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.
NY Real Prop Actions L § 903 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 9 - Action for Partition 903 - Necessary Defendants.

§  903.  Necessary  defendants. Each of the following persons shall be   made a party to the action:1. Every person having an undivided share, in possession or otherwise,   in the property, as tenant in fee, for  life,  by  the  curtesy  or  for   years;2. Every person entitled to the reversion, remainder or inheritance of   an  undivided  share,  after  the  determination  of a particular estate   therein;3. Every person who, by any contingency, is or may become entitled  to   a  beneficial  interest  in an undivided share in the property, provided   that where a future estate or interest is limited in any contingency  to   the  persons  who  shall compose a certain class upon the happening of a   future event, it shall be sufficient to make parties to the  action  the   persons  who would have been entitled to such estate or interest if such   event had happened immediately before the commencement of the action;4. Every person having an inchoate right  of  dower  in  an  undivided   share in the property;5.  Every  person having a right of dower in the property, or any part   thereof, which has not been admeasured; and6. An executor or administrator,  where  letters  testamentary  or  of   administration  have been issued on the estate of the decedent from whom   the plaintiff's title to the real property is derived, and the action is   brought within eighteen months after such letters were issued; or  where   the  person  of  whose  estate  the  executor  or administrator has been   appointed should, if living, be a party to the action. If no executor or   administrator has been appointed for the estate of such a  person,  that   fact must be stated in the complaint.