reglab/statecodes huggingface dataset:
2023 New York Laws › EDP - Eminent Domain Procedure › Article 3 - Offer and Negotiations › 305 - Use and Occupancy.

§  305.  Use  and  occupancy.  (A) A condemnee, tenant or other person
holding, using or occupying property acquired pursuant to this  chapter,
shall  be  liable  to the condemnor for the fair and reasonable value of
such holding, use or occupancy from the date of acquisition to the  date
the  property  is  vacated  and possession surrendered to the condemnor.
Provided, however, that in  the  event  the  property  at  the  time  of
acquisition  is  occupied  by the former owner for residential purposes,
the liability of such former owner for the fair and reasonable value  of
such  residential holding shall not commence until ninety days after the
date of acquisition or until the date on which the property ceases to be
occupied by the former owner for residential purposes, whichever  occurs
first.
(B) The amount of the fair and reasonable value for such temporary use
and  occupancy  established  by  the  condemnor  shall  be  paid  to the
condemnor at reasonable intervals; any amount due  and  payable  may  be
retained  by the condemnor from any unpaid damage or consideration to be
paid by it to such condemnee, tenant or other person for the property or
interest therein acquired from him. Either party may bring an action and
make application to a court of competent jurisdiction to  establish  the
fair  and  reasonable  amount  of  money  due  for  such holding, use or
occupancy of the property, in the event the  value  established  by  the
condemnor  is  unacceptable.  The  condemnor  may  enforce  any judgment
ensuing from such actions according to the applicable provisions of law.
(C) Where a condemnee,  tenant  or  other  person  holding,  using  or
occupying  property  acquired pursuant to this chapter is entitled to an
award for the acquisition of the property by the condemnor,  any  unpaid
portion  of  the  sum  fixed  for use and occupancy either by agreement,
expressed or implied, or by court action to establish the same, shall be
a lien against such award, or payment  by  agreement,  subject  only  to
liens of record at the time of the vesting of title in the condemnor and
liens under section four hundred seventy-five of the judiciary law.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 401 - Time for Acquisition.

§   401.   Time  for  acquisition.  (A)  The  condemnor  may  commence
proceedings under this article to acquire the property necessary for the
proposed public project up to three years after conclusion of the  later
of:
(1)  publication of its determination and findings pursuant to section
two hundred four, or
(2) the date  of  the  order  or  completion  of  the  procedure  that
constitutes the basis of exemption under section two hundred six, or
(3)  entry  of the final order or judgment on judicial review pursuant
to section two hundred seven of this chapter.
(B) If the condemnor has not  commenced  the  proceedings  under  this
article  to  acquire  the property prior to the expiration of such three
year period the project  shall  be  deemed  abandoned,  and  thereafter,
before  commencing  proceedings  under  this  article the condemnor must
again comply with the provisions of article two; provided, however, that
the preceding shall not operate to bar the acquisition of  property  for
which  title  cannot  be  certified  by  the  state  attorney general or
appropriate legal officer or attorney of the  condemnor  in  acquisition
pursuant  to subdivision (B) of section five hundred one of this chapter
within  such  three  year  period.  Such  property  shall  be   acquired
thereafter as soon as practicable.
(C)  In  the  event property is to be acquired for a public project in
stages, the condemnor after conducting a required public hearing for the
entire project need  not  conduct  additional  hearings  for  subsequent
stages, provided that proceedings under this article with respect to the
property  necessary for the first stage were commenced within such three
year period and  provided  further,  that  all  proceedings  under  this
article  with  respect  to property for the project are commenced within
ten years from the dates hereinabove set forth in  paragraphs  one,  two
and three of subdivision (A).
(D)  In the event additional property must be acquired after the three
year period, because of field conditions, such acquisition shall be made
as soon as practicable.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 403 - Names of Reputed Condemnees.

§ 403. Names of reputed condemnees. The condemnor shall deliver to its
  appropriate  legal  officer  or  attorney, (who shall be in acquisitions
  pursuant to subdivision (A) of  section  five  hundred  one,  the  state
  attorney  general) a copy of such acquisition map, whereupon it shall be
  the duty of such legal officer or attorney to advise and certify to  the
  condemnor the names of the reputed condemnees of parcels to be acquired.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 404 - Right of Entry Prior to Acquisition.

§  404.  Right  of  entry  prior  to  acquisition.  The condemnor, its
  officers,  agents  or  contractors  when  acquiring  real  property   in
  accordance  with  this  law,  or  when  engaged in work connected with a
  proposed public project, as described in this law, shall have the  right
  to  enter upon any real property for the purpose of making surveys, test
  pits and borings,  or  other  investigations,  and  also  for  temporary
  occupancy during construction. At a reasonable time prior to such entry,
  the condemnor shall deliver notice personally or by first class mail, to
  the  property  owner  stating the necessity for the entry. The condemnor
  shall be liable to the owner for any damages caused by the condemnor  as
  a  result  of  the  entry;  but  such damages shall not entail duplicate
  payment of damages to be compensated for by the  condemnor  pursuant  to
  article  three  of this law.  Entry damages, if any, shall not be deemed
  an acquisition.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 405 - Possession.

§  405.  Possession. (A) If the condemnor has a right to possession of
real property as provided for in this law, and the condemnor shall  deem
it  necessary  to  cause the removal of a condemnee or other occupant it
may cause such condemnee or other occupant to be removed  therefrom  and
possession to be delivered to it, pursuant to the procedures of landlord
and  tenant  law,  or  by  application to the supreme court in which the
proceeding is pending  for  a  writ  of  assistance  for  possession  or
pursuant  to  other  law,  except that no condemnee shall be required to
surrender possession prior to the condemnor's  payment  to  him  of  its
advance payment or the deposit of such amount in accordance with article
three  of  this  law, unless the condemnee has not complied with section
three hundred two of this law.
(B) No execution shall  include  costs  in  a  dispossess  proceeding.
Proceedings  may  be  brought  separately  against  one  or  more of the
condemnees or other occupants of a property, or one  proceeding  may  be
brought  against  all or several of the condemnees or other occupants of
any or all property within the territorial jurisdiction of the court.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 4 - Vesting; Possession; Abandonment › 406 - Abandonment.

§  406.  Abandonment.  (A) If, after an acquisition in fee pursuant to
the provisions of this chapter, the condemnor shall abandon the  project
for  which  the  property  was  acquired,  and the property has not been
materially improved, the condemnor shall not dispose of the property  or
any  portion  thereof  for  private  use within ten years of acquisition
without first offering the former fee owner of record  at  the  time  of
acquisition  a  right  of  first refusal to purchase the property at the
amount of the fair market value of such property at  the  time  of  such
offer.  In  the  event that the acquisition was a partial taking in fee,
such offer need not be made unless such former fee owner  has  title  to
the  contiguous remainder parcel at the time the condemnor determines to
dispose of the property. A notice of the offer shall be  served  on  the
former  fee  owner  by  registered  or  certified  mail  return  receipt
requested. Such former fee owner shall have sixty days after service  of
such notice to serve a written acceptance upon the condemnor.
(B)  Where  the  condemnor  has  in  good  faith  and  with reasonable
diligence attempted to ascertain the identity  of  persons  entitled  to
notice under this section and mailed notice to the last known address of
record of those ascertained, the failure to in fact notify those persons
entitled  thereto  shall  not  invalidate  any subsequent disposition of
property pursuant to this section.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 501 - Jurisdiction.

§  501.  Jurisdiction.  (A)  The  court of claims shall have exclusive
jurisdiction  to  hear  and  determine  all  claims  arising  from   the
acquisition  of  real  property  by  or in the name of the people of the
state of New York, or when jurisdiction is specifically  conferred  upon
it by statute.
(B)  In all claims arising from the acquisition of real property other
than as provided in subdivision (A) of this section, the supreme  court,
held  in  the  judicial  district where the real property or any portion
thereof is situated, shall  have  exclusive  jurisdiction  to  hear  and
determine  all  claims arising from the acquisition of real property and
shall hear such claims without a jury or without referral to  a  referee
or commissioners.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 503 - Filing and Service of Claims; Notice of Appearance.

§  503.  Filing  and service of claims; notice of appearance. (A) In a
claim for damages arising from the acquisition of  real  property  under
subdivision  (A)  of  section five hundred one herein, a condemnee shall
file within three years after service of the notice  of  acquisition  or
date  of vesting, whichever is later, or within such time as is fixed by
order of the court pursuant to  sections  five  hundred  five  and  five
hundred  twelve,  a claim for damages with the clerk of the court having
jurisdiction of the matter, and a copy of said  claim  upon  such  other
official  designated  in  the  notice  of  acquisition  to  receive such
service. In any acquisition pursuant to subdivision (A) of section  five
hundred  one  service  shall  be upon the attorney general. The claimant
may, at any time subsequent to the running of  the  three  year  period,
receive   the  amount  of  the  condemnor's  offer  upon  proof  of  his
entitlement thereto. The failure of a condemnee to file a  claim  within
such  three year period shall be deemed an acceptance of the amount paid
as full settlement of such claim.
(B) In a claim for  damages  arising  from  the  acquisition  of  real
property  under  subdivision  (B)  of section five hundred one herein, a
condemnee shall, within the time specified by the court, file a  written
claim,  or  notice  of  appearance  with  the  clerk of the court having
jurisdiction of the matter and a copy of the same shall be  served  upon
either  the  condemnor's chief legal officer or upon such other official
designated in the notice of acquisition.
(C) In the event that a claim is made for compensation for fixtures or
for any interest other than the fee in the  real  property  acquired,  a
copy  of  such  claim  together  with a schedule of fixture items, where
applicable, shall also be served by such claimant upon the fee owner  of
the  real property, and the condemnor's chief legal officer or upon such
other official designated in the notice of acquisition.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 504 - Content of Claim, or Notice of Appearance.

§ 504. Content of claim, or notice of appearance. The claim, or notice
of appearance shall include:
(A) the name and post office address of the condemnee;
(B)  reasonable  identification by reference to the acquisition map or
otherwise,  of  the  property  affected  by  the  acquisition,  and  the
condemnee's interest therein;
(C)  a  general  statement  of the nature and type of damages claimed,
including a schedule of fixture items which comprise part or all of  the
damages claimed;
(D)  if  represented  by  an  attorney,  the  name  of the condemnee's
attorney and his office and post office  address  and  telephone  number
subscribed at the end of the claim.
The  claims and copies thereof, may be either typewritten, printed, or
photocopies of the original.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 505 - Proof of Title; Conflicting Claims.

§  505.  Proof  of title; conflicting claims. (A) Each condemnor shall
receive proof of title to property acquired together with proof of liens
or encumbrances thereon, prior to trial.
(B) Where a condemnor disputes a condemnee's title or a right  to  all
or a portion of an award or a prospective award by reason of conflicting
claims  of  title,  or  if  there  is uncertainty as to how such payment
should be apportioned, the  court,  upon  motion  of  any  party,  shall
interplead  anyone  claiming or imputed to have such a conflicting claim
or interest. A party so interpleaded shall be served with the  order  of
interpleader  in  a  manner  ordered  by  the  court.    In  the case of
acquisitions under the jurisdiction of the court of claims, a  party  so
served  and  not  otherwise barred from filing a claim shall, within one
hundred twenty days from the date of service, file a claim independently
of the claim to which he has been a party.  If  the  party  interpleaded
fails  to  file  a claim independently of the claim to which he has been
made a party, he may not thereafter file such an independent claim.
(C) The court shall determine the compensation due the  condemnees  as
well  as the respective interests and rights of all parties to the award
and the apportionment thereof. The  court  shall  have  jurisdiction  to
determine  all  questions  relating  to  title and priority of interests
incident to the acquisition.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 506 - Note of Issue; Statement of Readiness.

§  506.  Note  of  issue;  statement of readiness. In all acquisitions
  under subdivision (B) of section five hundred one, the  condemnor  after
  expiration of the period of time provided pursuant to subdivision (B) of
  section  five  hundred  two,  shall  serve  and  file a note of issue in
  accordance with the applicable provisions of the civil practice law  and
  rules of the court.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 507 - Answer; Affirmative Defenses.

§  507.  Answer;  affirmative  defenses.  In  all  acquisitions  under
  subdivision (A) of section five hundred one the condemnor shall  not  be
  required to interpose an answer or plead affirmative defenses.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 508 - Filing of Appraisals; Reports of Other Expert Witnesses.

§ 508. Filing of appraisals; reports of other expert witnesses. In all
  proceedings hereunder, the respective judicial departments and the court
  of  claims, shall adopt rules governing the time for filing and exchange
  of the written appraisal reports; provided, however, that in a claim for
  damages arising from the acquisition of real property under  subdivision
  (A)  of  section five hundred one of this chapter, the time within which
  the condemnor must file its appraisal shall be computed from the date on
  which the attorney general shall have been served in the manner provided
  for in section  eleven  of  the  court  of  claims  act.  Each  judicial
  department and the court of claims also shall adopt rules requiring at a
  reasonable  time  prior  to  trial,  the filing of supplemental reports,
  rebuttal memoranda and all other reports of expected  expert  witnesses,
  intended  to  be  relied  upon  at  the  trial, other than the valuation
  experts.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 509 - Pretrial Conferences.

§  509.  Pretrial conferences. Upon the call of the trial calendar the
  justice or judge presiding may prepare a pretrial conference calendar of
  proceedings.  A pretrial conference may be held in each such proceeding.
  Each judicial department and the  court  of  claims  shall  adopt  rules
  governing the conduct of pretrials.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 510 - View.

§  510.  View.  (A)  The  trial  court  shall view the property in all
claims, unless waived by stipulation of the parties. The parties to  the
suit  or  claim, may attend the viewing by the court at a time scheduled
by the court.
(B) When the property or improvements  acquired  are  to  be  removed,
razed or obliterated prior to trial, any party may make a request to the
presiding  judge  of the court of claims or an administrative justice of
the supreme court of the judicial department in which  the  property  is
located,  that  a trial judge or justice be assigned to view the subject
premises prior to removal or demolition.  When practicable the judge  or
justice viewing property shall be assigned to the trial.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 511 - Joint or Consolidated Trials.

§  511.  Joint  or  consolidated  trials.  (A)  In  proceedings  under
subdivision (A) of section five hundred one,  two  or  more  acquisition
claims  arising  from  the  same  project  may, at the discretion of the
court, be heard and determined by the court in one trial or  proceeding.
When  some,  but  not all claims arising from a single project have been
filed, and the court shall determine that a joint or consolidated  trial
is  desirable,  the  court, upon motion of any party, may order that any
condemnee who has not yet done so, file a claim in accordance  with  the
provisions of this act within one hundred twenty days after service of a
copy  of  the order. If a condemnee fails to file a claim within the one
hundred twenty day period, his claim shall thereafter be tried upon  the
proof  presented.    Nothing in this section shall extend the period for
filing a claim as provided within section five  hundred  three  of  this
law.
(B)  In  proceedings under subdivision (B) of section five hundred one
the court may conduct all trials relating  to  a  project  as  a  single
proceeding  in  one  or  more parts, or may consolidate and order that a
joint trial be had of the claims of any parties filing separate  notices
of appearance as the orderly administration of justice shall require.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 512 - Decision of the Court.

§ 512.  Decision of the court.  The court, after hearing the testimony
  and  weighing  the  evidence,  shall  determine the compensation due the
  condemnees for damages as the result of the acquisition.    The  court's
  decision  shall  be in compliance with section four thousand two hundred
  thirteen of the civil practice law and rules.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 5 - Procedure for Determining Just Compensation › 514 - Interest; Suspension.

§  514.  Interest;  suspension.  (A) Subject to the provisions of this
chapter, a condemnee shall be entitled to lawful interest from the  date
of  acquisition  to  the  date  of payment. If it is determined that the
condemnor has in fact acquired the property  prior  to  or  without  the
filing  of an acquisition map as provided in section four hundred two of
this law, a condemnee shall be entitled to lawful interest from the date
of such acquisition. Where the condemnor has made an advance payment  or
has  deposited  all or any part of the compensation owing to a condemnee
in an interest  bearing  account,  or  in  the  eminent  domain  account
established  pursuant  to  section  ninety-seven-dd of the state finance
law, the condemnor's obligation to pay interest on the amount so paid or
deposited shall terminate as of the date of such payment or deposit.
(B) In all acquisitions under subdivision (A) of section five  hundred
one, unless a condemnee files and serves his claim against the condemnor
for  damages  arising  from  the acquisition of his property, within six
months after accrual of such claim, or within six months after  personal
service  of  the  notice of acquisition upon the condemnee, whichever is
later,  interest  shall  be  suspended;  interest  so  suspended   shall
thereafter  again commence to accrue upon the date of the filing of such
claim.
(C) If an appeal is taken by  the  condemnor  or  the  condemnee,  the
condemnor  shall  pay  such portion of the award of the court from which
appeal has not been  taken  upon  proof  of  a  condemnee's  entitlement
thereto.
(D)  Where  an  appeal  has  been  taken  by either a condemnee or the
condemnor or by both from all or part of an  award  of  the  court,  the
condemnor  may  deposit in a special interest bearing account all or any
part of the amount directed to be paid  in  the  award  other  than  any
advance  payment  already  made including the amount required to be paid
pursuant to subdivision (C) hereof. Interest  on  the  amount  deposited
shall   not  be  allowed  from  the  expiration  of  twenty  days  after
notification in writing  by  the  condemnor  to  the  condemnee  or  his
attorney,  that  the  condemnor  is ready and willing to pay said amount
upon proof of entitlement thereto, such as vouchers and instruments. Any
such deposit or payment shall be without prejudice to the rights of  the
condemnor or the condemnee on such appeal.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 6 - Special Procedure for Claims Under Twenty-Five Thousand Dollars › 601 - Applicability.

§  601. Applicability. (A) When the total compensation demanded by all
condemnees having an interest in a particular property being acquired is
twenty-five thousand dollars or less, exclusive of interest, a condemnee
may, within the time prescribed by section five hundred  three  of  this
law,  file  a claim with the clerk of the court having jurisdiction over
the acquisition, and a copy of said claim upon the chief  legal  officer
of  the  condemnor,  or  upon  such  other  official  designated  by the
condemnor to receive such service. This claim shall include a request to
the court to proceed  in  accordance  with  this  article  and  describe
briefly  the  property  to  which  the request relates and set forth the
amount of compensation demanded by the  condemnee  including  a  concise
statement of the basis therefor.
(B)  The  court  shall  view  the  property, and shall upon reasonable
notice to the condemnor and the condemnee, meet at a  hearing  with  the
parties  or representatives present and proceed in an informal manner to
hear proof concerning the amount of compensation due the condemnee.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 6 - Special Procedure for Claims Under Twenty-Five Thousand Dollars › 602 - Conduct of Hearing.

§ 602. Conduct of hearing. At the hearing, a stenographic record shall
  be  made  and the respective parties shall present to the court evidence
  to support their positions. The parties need not be  represented  by  an
  attorney  nor  present expert witnesses, nor shall the rules of evidence
  apply. The courts shall adopt rules governing the  conduct  of  hearings
  under this article.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 6 - Special Procedure for Claims Under Twenty-Five Thousand Dollars › 603 - Court Decision.

§  603.  Court  decision.  The  court shall file its decision with the
  clerk of the court. The decision shall direct the clerk of the court  to
  enter  the  decision  together  with  an  appropriate  entry  for lawful
  interest as the final judgment. The clerk shall  serve  a  copy  of  the
  judgment with notice of entry on the condemnee and the condemnor.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 6 - Special Procedure for Claims Under Twenty-Five Thousand Dollars › 604 - Appeals.

§  604.  Appeals.  Any party to an action pursuant to this article may
  appeal on  the  sole  ground  that  substantial  justice  has  not  been
  accomplished  between  the parties according to the rules and principles
  of substantive law.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 701 - Additional Allowance.

§  701. Additional allowance. In instances where the order or award is
  substantially in excess of the amount of the condemnor's proof and where
  deemed necessary by the court for the  condemnee  to  achieve  just  and
  adequate  compensation,  the  court,  upon  application,  notice  and an
  opportunity for hearing, may in its discretion, award to  the  condemnee
  an  additional  amount,  separately  computed and stated, for actual and
  necessary  costs,  disbursements  and  expenses,  including   reasonable
  attorney,   appraiser  and  engineer  fees  actually  incurred  by  such
  condemnee. The application shall include affidavits of the condemnee and
  all parties that have  incurred  expenses  on  the  condemnee's  behalf,
  setting forth inter alia the amount of the expenses incurred.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 702 - Incidental Expenses.

§  702.  Incidental  expenses.  (A)  The  condemnor  shall reimburse a
condemnee an amount separately computed  and  stated,  representing  the
following incidental expenses:
(1)  any  recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the condemnor  or  in
connection with the transfer of the property to the condemnor; and
(2)  any  penalty  incurred  by  the  condemnee  for prepayment of any
preexisting recorded mortgage entered into in  good  faith,  encumbering
such property; and
(3)  the  pro  rata  portion  of the real property taxes, water rents,
sewer rents, special ad valorem taxes and other charges paid or  payable
to  a  taxing  entity  which are allocable to a period subsequent to the
date of vesting title or  the  effective  date  of  possession  of  such
property in the condemnor, whichever is earlier.
(B)  In  the  event  that  the  procedure  to acquire such property is
abandoned by  the  condemnor,  or  a  court  of  competent  jurisdiction
determines  that the condemnor was not legally authorized to acquire the
property, or  a  portion  of  such  property,  the  condemnor  shall  be
obligated to reimburse the condemnee, an amount, separately computed and
stated,  for  actual  and  necessary  costs, disbursements and expenses,
including reasonable attorney, appraisal and engineering fees, and other
damages actually incurred by such condemnee because of  the  acquisition
procedure.
(C)  In  the  event  that a court of competent jurisdiction determines
that the condemnor did in fact take property after the condemnor  denied
that  there  was  any taking of property and made no offer to settle the
claim, the condemnor shall be obligated  to  reimburse  a  condemnee  an
amount,  separately computed and stated, for actual and necessary costs,
disbursements and expenses, including reasonable attorney, appraiser and
engineer fees incurred in establishing the de facto taking.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 703 - Application of Cplr.

§  703.  Application  of  CPLR. The civil practice law and rules shall
  apply to practice and procedure in proceedings  under  this  law  except
  where  other  procedure  is  specifically  provided by this law or rules
  governing or adopted by the appropriate court.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 704 - Severablilty.

§  704. Severablilty. If any clause, sentence, paragraph, subdivision,
  section, or other part of this chapter shall be adjudged by any court of
  competent jurisdiction to be invalid, such  judgment,  decree  or  order
  shall  not affect, impair or invalidate the remainder thereof, but shall
  be confined  in  its  operation  to  the  clause,  sentence,  paragraph,
  subdivision,  section  or  other  part thereof, directly involved in the
  controversy in which such judgment, or order shall have  been  rendered,
  and  to  this  end  the  provisions  of each section of this chapter are
  hereby declared to be severable.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 705 - Applicability With Respect to Inconsistent Laws.

§    705.   Applicability   with   respect   to   inconsistent   laws.
  Notwithstanding any inconsistent provisions of law, general or  special,
  the  provisions  of  this  law shall be controlling and on and after the
  effective date of this law, any interest in  real  property  subject  to
  acquisition shall be acquired pursuant to the provisions of this law.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 706 - Pending Actions and Proceedings.

§  706.  Pending  actions  and  proceedings.  No  action or proceeding
  pending at the time when this chapter takes effect, shall be affected by
  any provision of this chapter, and the same may be prosecuted as if this
  chapter had not been enacted.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 707 - Rules and Regulations.

§  707.  Rules  and  regulations.  Where  not expressly provided, each
  condemnor in order to  effectuate  the  object,  intent  and  provisions
  contained  herein,  shall  have  the authority to establish and may from
  time to time, amend rules and regulations consistent with the provisions
  of this law.
2023 New York Laws › EDP - Eminent Domain Procedure › Article 7 - Miscellaneous Provisions › 708 - Acquisition of Other Than Real Property.

§ 708. Acquisition of other than real property. Whenever any condemnor
  is  authorized to acquire for a public use, title to property other than
  real property, the acquisition of such property shall be in  the  manner
  and procedure prescribed for the acquisition of real property under this
  chapter.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 2 - Employers' Liability for Injuries.

§ 2. Employers' liability for injuries. When personal injury is caused
  to  an employee who is himself in the exercise of due care and diligence
  at the time:
1. By reason of any defect  in  the  condition  of  the  ways,  works,
  machinery,  or  plant,  connected  with  or  used in the business of the
  employer which arose from or had not been discovered or  remedied  owing
  to the negligence of the employer or of any person in the service of the
  employer  and  intrusted  by  him with the duty of seeing that the ways,
  works, machinery, or plant, were in proper condition;
2. By reason of the negligence of any person in  the  service  of  the
  employer  intrusted  with  any  superintendence  or  by  reason  of  the
  negligence of any person intrusted with authority to direct, control  or
  command  any  employee  in the performance of the duty of such employee,
  the employee, or in case the injury results in death,  the  executor  or
  administrator  of  a  deceased  employee  who  has  left him surviving a
  husband, wife or next of kin, shall have the same right of  compensation
  and  remedies  against  the  employer as if the employee had not been an
  employee of nor in the service of the employer nor engaged in his  work.
  The  provisions  of  law  relating  to  actions  for  causing  death  by
  negligence, so far as the same are consistent with this act, shall apply
  to an action brought by an  executor  or  administrator  of  a  deceased
  employee,  suing  under  the  provisions of this article. If an employer
  enters  into  a  contract,  written  or  verbal,  with  an   independent
  contractor  to  do  part  of such employer's work, or if such contractor
  enters into a contract with a subcontractor to do all or any part of the
  work comprised in such contractor's contract  with  the  employer,  such
  contract  or subcontract shall not bar the liability of the employer for
  the injuries to the  employees  of  such  contractor  or  subcontractor,
  caused  by any defect in the condition of the ways, works, machinery, or
  plant, if they are the property of the employer or are furnished by him,
  and if such defect arose,  or  had  not  been  discovered  or  remedied,
  through  the  negligence of the employer, or of some person intrusted by
  him with the duty of seeing that they were in proper condition.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 3 - Notice to Be Served.

§  3.  Notice to be served. No action for recovery of compensation for
  injury or death under this article shall be maintained unless notice  of
  the  time, place and cause of the injury is given to the employer within
  one hundred and twenty days and the action is commenced within one  year
  after  the  occurrence  of the accident causing the injury or death. The
  notice required by this section shall be in writing and  signed  by  the
  person  injured  or  by  some one in his behalf, but if from physical or
  mental incapacity it is impossible for the person injured to give notice
  within the time provided in this section, he may give  the  same  within
  ten  days after such incapacity is removed. In case of his death without
  having given such notice, his executor or administrator  may  give  such
  notice  within sixty days after his appointment, but no notice under the
  provisions of this section shall be deemed to be invalid or insufficient
  solely by reason of any inaccuracy in stating the time, place  or  cause
  of  the injury if it be shown that there was no intention to mislead and
  that the party entitled to notice was not in  fact  misled  thereby.  If
  such notice does not apprise the employer of the time, place or cause of
  injury,  he may, within eight days after service thereof, serve upon the
  sender a written demand for a further notice, which demand must  specify
  the particular in which the first notice is claimed to be defective, and
  a  failure  by the employer to make such demand as herein provided shall
  be a waiver of all defects that the notice may contain. After service of
  such demand as herein provided, the sender of such notice may at anytime
  within eight  days  thereafter  serve  an  amended  notice  which  shall
  supersede  such  first  notice  and  have the same effect as an original
  notice hereunder. The notice required by this section shall be served on
  the employer, or if there is more than one employer, upon  one  of  such
  employers,  and  may  be  served  by  delivering  the  same to or at the
  residence or place of business of the person on whom it is to be served.
  The notice or demand may be served by post by letter  addressed  to  the
  person  on whom it is to be served, at his last known place of residence
  or place of business, and if served by post shall be deemed to have been
  served at the  time  when  the  letter  containing  the  same  would  be
  delivered  in  the  ordinary  course of the post. When the employer is a
  corporation, notice shall be served by delivering the same or by sending
  it by post addressed to the office or principal  place  of  business  of
  such corporation.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 4 - Assumption of Risks; Contributory Negligence, When a Question of Fact.

§  4. Assumption of risks; contributory negligence, when a question of
  fact. An employee by entering upon or continuing in the service  of  the
  employer  shall  be  presumed to have assented to the necessary risks of
  the occupation or employment and no others. The necessary risks  of  the
  occupation or employment shall, in all cases arising after the first day
  of September, nineteen hundred and ten, be considered as including those
  risks,  and  those  only,  inherent  in the nature of the business which
  remain after the employer has exercised due care in  providing  for  the
  safety  of  his  employees,  and has complied with the laws affecting or
  regulating such business or occupation for the greater  safety  of  such
  employees. In an action brought to recover damages for personal injuries
  or  for  death  resulting  therefrom  received  after  the  first day of
  September, nineteen hundred and ten, owing to any cause, including  open
  and  visible defects, for which the employer would be liable but for the
  hitherto available defense of assumption of risks by the  employee,  the
  fact  that  the employee continued in the service of the employer in the
  same place  and  course  of  employment  after  the  discovery  by  such
  employee, or after he had been informed of the danger of personal injury
  therefrom,  shall  not  be,  as  matter  of fact or as matter of law, an
  assumption of the risk of injury therefrom,  but  an  employee,  or  his
  legal  representative,  shall  not be entitled under this article to any
  right of compensation or remedy against the employer in any  case  where
  such  employee  knew of the defect or negligence which caused the injury
  and failed, within a reasonable time, to give, or  cause  to  be  given,
  information  thereof  to  the  employer,  or  to some person superior to
  himself in the service of the employer, or who had intrusted to him some
  superintendence, unless it shall appear on the trial that such defect or
  negligence was known to such employer, or superior person, prior to such
  injuries to  the  employee;  or  unless  such  defect  could  have  been
  discovered  by  such  employer  by  reasonable and proper care, tests or
  inspection.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 5 - Trial; Burden of Proof.

§  5. Trial; burden of proof. On the trial of any action brought by an
  employee  or  his  personal  representative  to  recover   damages   for
  negligence  arising  out  of  and  in  the  course  of  such employment,
  contributory negligence of the injured employee shall be a defense to be
  so pleaded and proved by the defendant.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 6 - Defense; Insurance Fund.

§  6.  Defense; insurance fund. An employer who shall have contributed
  to an insurance fund created and maintained for the  mutual  purpose  of
  indemnifying  an  employee for personal injuries, for which compensation
  may be recovered under this article, or to any relief society or benefit
  fund created under the laws of this state, may prove  in  mitigation  of
  damages recoverable by an employee under this article such proportion of
  the pecuniary benefit which has been received by such employee from such
  fund  or society on account of such contribution of the employer, as the
  contribution of such employer to such fund or society bears to the whole
  contribution thereto.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 7 - Existing Rights of Action Continued.

§  7.  Existing  rights  of  action  continued.  Every right of action
  existing on the seventeenth day of February, nineteen hundred and  nine,
  for  negligence or to recover damages for injuries resulting in death is
  continued and nothing in this article contained shall  be  construed  as
  limiting  any  such  right  of action, nor shall the failure to give the
  notice provided for in section three of this article be  a  bar  to  the
  maintenance of a suit upon any such existing right of action.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 8 - Consent by Employer and Employee to Compensation Plan.

§  8.  Consent by employer and employee to compensation plan. When and
  if any employer in this state and any of his employees shall consent  to
  the  compensation plan described in sections nine to fifteen, inclusive,
  of this article, hereinafter referred to as the plan, and shall  signify
  their  consent  thereto  in  writing,  signed  by  each of them or their
  authorized agents, and acknowledged in the manner prescribed by law  for
  taking  the  acknowledgment  of  a conveyance of real property, and such
  writing is filed with the county clerk of the  county  in  which  it  is
  signed  by the employee, then so long as such consent has not expired or
  been canceled as hereinafter provided, such employee, or in case  injury
  to  him  results  in death, his executor or administrator, shall have no
  other right of action against the employer for personal injury or  death
  of  any kind, under any statute or at common law, save under the plan so
  consented to, except where personal injury to the employee is caused  in
  whole  or  in  part by the failure of the employer to obey a valid order
  made by the industrial commission or other public  authority  authorized
  to require the employer to safeguard his employees, or where such injury
  is  caused by the serious or willful misconduct of the employer. In such
  excepted cases thus described, no right of action which the employee has
  at common law or by any other statute shall be affected or lost  by  his
  consent  to the plan, if such employee, or in case of death his executor
  or administrator, commences such action  before  accepting  any  benefit
  under  such  plan  or giving any notice of injury as provided in section
  nine hereof. The commencing of any legal action whatsoever at common law
  or by any statute against the employer on account of such injury, except
  under the plan, shall bar the employee, and in the event  of  his  death
  his  executors, administrators, dependents and other beneficiaries, from
  all benefit under the plan. This section and sections nine  to  fifteen,
  inclusive,  of  this  article shall not apply to a railroad corporation,
  foreign or domestic,  doing  business  in  this  state,  or  a  receiver
  thereof, or to any person employed by such corporation or receiver.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 9 - Liability to Pay Compensation; Notice of Accident.

§  9.  Liability  to pay compensation; notice of accident. If personal
  injury by accident arising out of and in the course of the employment is
  caused to the employee,  the  employer  shall,  subject  as  hereinafter
  mentioned, be liable to pay compensation under the plan at the rates set
  out in section ten of this article: provided that the employer shall not
  be  liable  in respect of any injury which does not disable the employee
  for a period of at least two weeks from earning full wages at  the  work
  at  which  he was employed, and that the employer shall not be liable in
  respect of any injury to the employee which is caused by the serious and
  willful misconduct of that employee. No proceedings for  recovery  under
  the  plan  provided  hereby  shall  be  maintained  unless notice of the
  accident has been given to the employer as soon as practicable after the
  happening thereof and before  the  employee  has  voluntarily  left  the
  employment  in  which  he  was  injured  and during such disability, and
  unless claim for compensation with respect to the accident has been made
  within six months from the occurrence of the accident, or in the case of
  death of the employee, or  in  the  event  of  his  physical  or  mental
  incapacity  within  six  months  after  such  death  or  removal of such
  physical or mental incapacity, or in event  that  weekly  payments  have
  been  made  under  the  plan, within six months after such payments have
  ceased; but no want of or defect or inaccuracy of a notice  shall  be  a
  bar to the maintenance of proceedings under the plan unless the employer
  proves  that he is prejudiced by said want, defect or inaccuracy. Notice
  of the accident shall apprise the employer of the claim for compensation
  under this plan and shall state the name and  address  of  the  employee
  injured,  the  date and place of the accident and in simple language the
  cause thereof. The notice may be served personally or by sending  it  by
  mail  in a registered letter addressed to the employer at his last known
  residence or place of business.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 11 - Settlement of Disputes.

§  11.  Settlement of disputes. Any question of law or fact arising in
  regard to the application of the plan in  determining  the  compensation
  payable  thereunder or otherwise shall be determined either by agreement
  or by arbitration, or by an action at law as herein  provided.  In  case
  the  employer  shall  be  in  default  in  any of his obligations to the
  employee  under  the  plan,  the  injured  employee  or  his  committee,
  conservator  or  guardian,  if  such  be  appointed,  or his executor or
  administrator, may then bring an action to  recover  compensation  under
  the  plan  in  any  court  having  jurisdiction  thereof as on a written
  contract. Such action shall be conducted in the same manner as an action
  at law for the recovery of damages for breach of a written contract, and
  shall for all purposes, including the determination of jurisdiction,  be
  deemed  such  an  action.  The  judgment in such action, in favor of the
  plaintiff, shall be for a lump sum equal to the amount of  the  payments
  then  due  and  prospectively  due  under the plan. In such action by an
  executor or administrator the judgment may provide  the  proportions  of
  the  award  or  the  costs  to  be distributed to or between the several
  dependents. If such determination is not made it shall be determined  by
  the  surrogate's  court  by  which  such  executor  or  administrator is
  appointed, in accordance with the terms of this article on  petition  of
  any party on such notice as such court may direct.
2023 New York Laws › EML - Employers' Liability › Article 2 - Employers' Liability. › 12 - Preferential Claim; Not Assignable or Subject to Attachment; Attorney's Fees.

§  12.  Preferential  claim;  not assignable or subject to attachment;
  attorney's fees. Any person entitled to weekly payments under  the  plan
  against  any  employer  shall  have the same preferential claim therefor
  against the assets of the employer as now allowed by law for a claim  by
  such person against such employer for unpaid wages or personal services.
  Weekly payments due under the plan shall not be assignable or subject to
  attachment,  levy  or  execution.  No  claim  of  an  attorney  for  any
  contingent interest in any recovery  under  the  plan  for  services  in
  securing  such recovery shall be an enforceable lien thereon, unless the
  amount of the same be approved in writing by a justice  of  the  supreme
  court,  or  in  case  the same is tried in any court, before the justice
  presiding at such trial.