reglab/statecodes huggingface dataset:
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 33 - New York State Heritage Areas Advisory Council › 33.03 - Jurisdiction, Functions, Powers and Duties.

§ 33.03 Jurisdiction, functions, powers and duties. In addition to any
  other  powers,  functions and duties conferred upon it by this title, or
  other provisions of law, the advisory council shall:
1. Meet at least twice each year to provide information and review the
  activities within the state heritage areas conducted  pursuant  to  this
  title.
2.  Assist  as  specified  in this title in coordinating state actions
  with the  objectives  of  the  system,  and  to  assist  and  make  such
  recommendations  as  are  necessary  to  carry  out the purposes of this
  title.
3. Review complaints made  by  local  governments  or  other  entities
  established  by  law to administer heritage areas relating to activities
  undertaken by state agencies which may adversely  affect  heritage  area
  resources and make recommendations with respect thereto.
4.  Submit  reports  to  the  governor,  not  less  than  once a year,
  concerning  progress   toward   implementing   the   system,   including
  recommendations for the future.
5.  Exercise  and  perform  such  other advisory functions, powers and
  duties related to the planning, development and management of the system
  as may be appropriate.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.01 - Establishment of the New York System of Heritage Areas.

§  35.01  Establishment  of The New York system of heritage areas.  In
  accordance with provisions of this title there is hereby established The
  New York system  of  heritage  areas  to  consist  of  state  designated
  heritage  areas  including  urban  cultural parks and heritage corridors
  that reflect the cultural themes of the  state's  development  and  will
  provide  educational,  inspirational, economic and recreational benefits
  for present and future generations.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.09 - Acquisition of Property.

§  35.09  Acquisition  of  property.  The acquisition of interests and
  rights in real property for  heritage  area  purposes  of  preservation,
  education,   recreation   or   economic  development  within  any  state
  designated heritage area shall constitute a  public  purpose  for  which
  public funds may be expended or advanced.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.11 - Grants and Technical Assistance.

§  35.11  Grants  and  technical  assistance.  1.  Within  the amounts
  appropriated and available therefor, the commissioner may award a  grant
  or  grants  to  local  governments  or  other  appropriate  entities for
  planning, design, acquisition, development and programming  of  heritage
  areas. The sharing limitations under this section shall not apply to any
  other  state grant program or assistance which may be available to state
  designated heritage areas.
2. Planning grants may be made  by  the  commissioner  to  communities
  identified  under section 35.03 of this article. Such planning grants to
  municipalities will be  for  the  purpose  of  assisting  localities  to
  prepare  management  plans  and  may  cover  up  to fifty percent of the
  management plan cost. The state share must be matched by local funds  or
  approved in-kind contributions.
3.  Acquisition and development grants may be made by the commissioner
  to local governments  or  to  other  entities  as  authorized  following
  approval  of a management plan for the heritage area for which the grant
  will be used. Such grants shall be for the purpose of  implementing  the
  heritage  area  program in conformance with the approved management plan
  and may be used for project design, acquisition and development of  real
  property and interests therein. No such acquisition or development grant
  shall  exceed  ten  percent  of  the  total project cost for which it is
  awarded and furthermore, local contributions must equal or  exceed  such
  grants.
3-a. Program grants may also be made by the commissioner to such local
  governments  or  authorized entities to develop and present interpretive
  exhibits, materials or other appropriate products in the furtherance  of
  the  educational  and  recreational  objectives  of  the  heritage areas
  program and to encourage urban revitalization of, and  reinvestment  in,
  heritage  area  resources.  Program  grants  may cover up to twenty-five
  percent of the estimated project cost,  and  the  state  share  must  be
  matched by local funds or other non-state funds.
4.  The  commissioner  may contract with state agencies to provide for
  projects, services and programs which encourage appreciation of heritage
  area resources or for any planning, transportation,  or  other  services
  necessary to carry out the purposes of this title.
5.   The  commissioner  shall,  to  the  extent  practicable,  provide
  technical assistance in  areas  including  recreation  and  preservation
  planning to management entities implementing a management plan.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.13 - Local or Regional Heritage Areas.

§  35.13  Local  or regional heritage areas. The legislature finds and
  declares  that  the  heritage  area  approach  to  the   identification,
  preservation,  development and use of the important natural and historic
  resources in urban or regional settings is a valuable means to  increase
  public  educational  and recreational opportunities and generally enrich
  the quality of  life  within  a  community  or  region.  Therefore,  the
  commissioner  and  officials of other state agencies may encourage local
  efforts to establish heritage areas around heritage  area  resources  of
  local or regional significance. The commissioner may relate or integrate
  local  and  regional  heritage  areas  into  a statewide system of state
  designated heritage areas.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.15 - Preservation of Heritage Area Resources.

§  35.15  Preservation of heritage area resources. 1. The commissioner
  shall establish, with the advice of the advisory council and  the  local
  officials  from communities designated in section 35.03 of this article,
  standards and criteria for preservation  of  resources  within  heritage
  areas.  At  least one public hearing shall be held to solicit comment on
  the proposed standards and criteria prior to their adoption.
2. Concurrent with the approval of management plans the  office  shall
  determine  that  local  governments  in  each heritage area have enacted
  preservation measures sufficient to insure that these standards shall be
  achieved.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.01 - Legislative Findings and Intent.

§ 39.01 Legislative findings and intent. The Niagara River corridor is
  of  unique  ecological,  cultural and economic importance to western New
  York connecting Lake Erie and Lake Ontario  communities  and  ecologies.
  This corridor has played an important role in the history of the Niagara
  Frontier  and  it can and should continue to define the western New York
  experience into the twenty-first century. Niagara Falls  is  a  National
  Natural  Landmark  under  state stewardship for more than a century that
  draws more than fourteen million visitors from throughout the  world  to
  the region each year. The cities of Niagara Falls and Buffalo are at the
  heart  of  the  river corridor where much of their waterfront has in the
  past been dedicated to industrial uses.  During  the  last  few  decades
  those  uses  have  begun  to  wane  and  there  is now an opportunity to
  redefine the waterfront in a way that  creates  a  balance  of  economic
  interests  with  a  welcoming  waterfront  environment.  For more than a
  century there have been those  who  have  expressed  a  vision  for  the
  Niagara  river  corridor  of  a  necklace of open space and conservation
  areas spread along the river. With many areas no longer being  used  for
  heavy  industry  it is now time to complete that vision. Many areas have
  established parks along the corridor including eleven  state  parks  and
  fourteen  local  parks. New York state's only National Scenic Byway, the
  Seaway Trail, runs through the entire corridor. It is the intent of  the
  legislature  to  establish  the  Niagara  river greenway commission as a
  cooperative regional organization established to work with participating
  state agencies, municipalities, organizations and residents in order  to
  implement  or  cause  to  be  implemented  a  linear system of parks and
  conservation areas  that  will,  consistent  with  the  purpose  of  the
  commission as set forth in this article, redefine the Niagara riverfront
  by  increasing  landside  access  to  the  river; creating complementary
  access  to  the   greenway   from   the   river;   augmenting   economic
  revitalization   efforts,   and   celebrating  the  region's  industrial
  heritage.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.03 - Definitions.

§ 39.03 Definitions. Whenever used in this article, unless a different
  meaning  clearly  appears from the context, the terms listed below shall
  have the following meanings:
1. "Niagara river greenway" or "greenway" shall mean a  linear  system
  of  state  and local parks and conservation areas linked by a network of
  multi use trails within the greenway area  established  by  an  approved
  plan of the commission as provided for in this article.
2.  "Niagara river greenway commission" or "commission" shall mean the
  Niagara river greenway commission created pursuant to this article.
3. "Municipality" means a county, city, town, village or local  public
  benefit corporation located adjacent to the Niagara river.
4.  "Chief elected official" shall mean the chief executive officer of
  a municipality, or if  there  is  none,  any  other  officer  possessing
  similar powers and duties.
5.  "Conservation  area  or  areas"  shall  mean  lands  which  are of
  ecological or recreational importance but shall  not  include  state  or
  local  parks.    Such lands may include but are not limited to wetlands,
  preserves, trails, riverfront walks and such private  lands  as  may  be
  dedicated by the land owner for the purposes of the greenway.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.09 - Powers and Duties of the Commission.

§ 39.09 Powers and duties of the commission. The commission shall have
  the following powers:
1. To sue and be sued;
2. To have a seal and alter the same at its pleasure;
3. To acquire, hold and dispose of personal property for its corporate
  purposes;
4. To make by-laws for the management and regulation of its affairs;
5. To appoint an executive officer, officers, agents and employees, to
  prescribe  their qualifications and to fix their compensation and to pay
  the same out of funds of the commission;
6. To enter into contracts and leases, and to execute all  instruments
  necessary   or   convenient   with  any  person,  firm,  partnership  or
  corporation, either public or private;
7. To accept gifts, grants, loans, or contributions  from,  and  enter
  into  contracts  or  other  transactions with, the United States and the
  state or any commission of either of them, any municipality, any  public
  or private corporation, individual or other legal entity, and to use any
  such  gifts,  grants,  loans  or  contributions  to  advance  any of its
  corporate purposes;
8. To designate the depositories of its money;
9. To establish and re-establish its fiscal year;
10. To prepare an annual report on the conduct of its activities which
  shall include a financial statement for that year and a  work  plan  for
  the next year which may include an estimate of the resources required to
  complete  the  commission's  activities  to be sent to the governor, the
  temporary president of the senate, the speaker of the assembly  and  the
  chief  elected  official  of  each  municipality adjacent to the Niagara
  river;
11. To contract with the state as an independent body corporate;
12.  To  organize  and  meet  with  a  committee   of   planners   for
  municipalities adjacent to the Niagara river regarding regional projects
  and the provision of planning services;
13.  To  designate  districts  and  routes  for  planning  and project
  purposes;
14. To create advisory committees to advise on  matters  of  interest;
  provided,  however,  there  shall  be  created  at  a  minimum  a  local
  government advisory committee consisting of the chief  elected  official
  of  each  municipality adjacent to the Niagara river, or their designee,
  and a citizens' advisory  committee  consisting  of  representatives  of
  local  civic,  commercial,  educational,  recreational, and conservation
  organizations; and
15. To do all things necessary or convenient to carry out its purposes
  and exercise the powers  expressly  given  in  this  article;  provided,
  however,  that  no  power  is  provided to the commission to operate any
  portion  of  the  greenway,  to  impose  operating  standards  upon  any
  component of the system, or to take property by eminent domain.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.11 - Designation.

§  39.11  Designation. The Niagara river greenway is hereby designated
  to include those lands  of  state  agencies,  public  corporations,  and
  municipalities  adjacent  to  the  Niagara  river  as  identified in the
  approved plan of the commission.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.13 - Cooperation With Municipalities, State Agencies and Public Corporations.

§  39.13  Cooperation  with  municipalities, state agencies and public
  corporations. 1. The commission is a cooperative  regional  organization
  established  to  implement  a  greenway based upon the mutual assent and
  participation of each municipality, state agency and public  corporation
  holding  lands under its jurisdiction adjacent to the Niagara river. The
  activities of  the  commission  shall  be  coordinated  with  the  local
  planning  and cultural and park activities of each municipality adjacent
  to the Niagara river.
2. Each municipality, state agency or public corporation  may  provide
  the commission with the services of its agents, employees and facilities
  without  charge  to  the  commission.  Persons  serving  as  officers or
  employees of the commission may be employees of a municipality  and  the
  commission,  and  the  commission  may  pay  the  municipality an agreed
  portion of the compensation or costs of such officers or employees.
3. Nothing contained in this article shall be deemed to affect, impair
  or supersede the provisions of any city  charter,  local  law,  rule  or
  other local requirements and procedures heretofore or hereafter adopted,
  including,  but  not  limited  to,  any  such provisions relating to the
  zoning and use of land.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.15 - Appropriations by Municipalities.

§  39.15  Appropriations by municipalities. To effectuate the purposes
  of this article, the local legislative bodies of  any  municipality  may
  appropriate  and transfer to the commission moneys to be expended by the
  commission to carry out its functions pursuant to this article.
2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 39 - Niagara River Greenway Commission › 39.17 - State Purpose.

§  39.17  State purpose. The development of a Niagara greenway plan is
  considered a state purpose. Notwithstanding any law to the contrary, any
  state agency  or  public  corporation  within  amounts  appropriated  or
  available therefore may offer assistance to the commission in support of
  its corporate purpose through the lending of staff or other resources to
  accomplish the purposes of this article.
2023 New York Laws › PTR - Partnership › Article 1 - Short Title; Definitions; Construction. › 3 - Interpretation of Knowledge and Notice.

§  3.  Interpretation  of  knowledge  and  notice.  1.  A  person  has
"knowledge" of a fact within the meaning of this chapter not  only  when
he  has actual knowledge thereof, but also when he has knowledge of such
other facts as in the circumstances shows bad faith.
2. A person has "notice" of a fact within the meaning of this  chapter
when the person who claims the benefit of the notice:
(a) States the fact to such person, or
(b)  Delivers  through the mail, or by other means of communication, a
written statement of the fact to such person or to a  proper  person  at
his place of business or residence.
2023 New York Laws › PTR - Partnership › Article 1 - Short Title; Definitions; Construction. › 4 - Rules of Construction.

§ 4. Rules of construction. 1. The rule that statutes in derogation of
  the common law are to be strictly construed shall have no application to
  this chapter.
2. The law of estoppel shall apply under this chapter.
3. The law of agency shall apply under this chapter.
4. This chapter shall be so interpreted and construed as to effect its
  general purpose to make uniform the law of those states which enact it.
5. This chapter shall not be construed so as to impair the obligations
  of  any  contract  existing  when  the  chapter goes into effect, nor to
  affect any action or proceedings begun  or  right  accrued  before  this
  chapter takes effect.
2023 New York Laws › PTR - Partnership › Article 2 - Nature of a Partnership. › 10 - Partnership Defined.

§  10.  Partnership defined. 1. A partnership is an association of two
  or more persons to carry on as  co-owners  a  business  for  profit  and
  includes  for  all  purposes  of  the  laws  of this state, a registered
  limited liability partnership.
2. But any association formed under any other statute of  this  state,
  or  any  statute  adopted by authority, other than the authority of this
  state, is not a partnership under this chapter, unless such  association
  would  have  been  a  partnership in this state prior to the adoption of
  this chapter; but this  chapter  shall  apply  to  limited  partnerships
  except  in  so  far  as  the  statutes relating to such partnerships are
  inconsistent herewith.
2023 New York Laws › PTR - Partnership › Article 2 - Nature of a Partnership. › 11 - Rules for Determining the Existence of a Partnership.

§  11.  Rules  for  determining  the  existence of a partnership.   In
determining whether a partnership exists, these rules shall apply:
1. Except as provided by section  twenty-seven  persons  who  are  not
partners as to each other are not partners as to third persons.
2.  Joint tenancy, tenancy in common, tenancy by the entireties, joint
property,  common  property,  or  part  ownership  does  not  of  itself
establish  a  partnership, whether such co-owners do or do not share any
profits made by the use of the property.
3. The sharing of  gross  returns  does  not  of  itself  establish  a
partnership,  whether  or  not  the persons sharing them have a joint or
common right or interest in any property  from  which  the  returns  are
derived.
4.  The receipt by a person of a share of the profits of a business is
prima facie evidence that he is a partner in the business, but  no  such
inference shall be drawn if such profits were received in payment:
(a) As a debt by installments or otherwise,
(b) As wages of an employee or rent to a landlord,
(c)  As  an  annuity  to  a  surviving  spouse  or representative of a
deceased partner,
(d) As interest on a loan, though the amount of payment vary with  the
profits of the business,
(e)  As  the consideration for the sale of the good-will of a business
or other property by installments or otherwise.
2023 New York Laws › PTR - Partnership › Article 2 - Nature of a Partnership. › 12 - Partnership Property.

§  12.  Partnership property.  1. All property originally brought into
  the  partnership  stock  or  subsequently  acquired,  by   purchase   or
  otherwise, on account of the partnership is partnership property.
2.  Unless  the  contrary  intention  appears,  property acquired with
  partnership funds is partnership property.
3. Any estate in real property may  be  acquired  in  the  partnership
  name. Title so acquired can be conveyed only in the partnership name.
4.  A  conveyance  to  a  partnership  in the partnership name, though
  without words of inheritance, passes the entire estate  of  the  grantor
  unless a contrary intent appears.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 20 - Partner Agent of Partnership as to Partnership Business.

§  20.  Partner  agent  of partnership as to partnership business.  1.
Every partner is an agent of the partnership  for  the  purpose  of  its
business,  and  the act of every partner, including the execution in the
partnership name of any instrument, for apparently carrying  on  in  the
usual  way the business of the partnership of which he is a member binds
the partnership, unless the partner so acting has in fact  no  authority
to act for the partnership in the particular matter, and the person with
whom  he  is  dealing  has  knowledge  of  the  fact that he has no such
authority.
2. An act of a partner which is not apparently for the carrying on  of
the  business  of  the  partnership  in  the usual way does not bind the
partnership unless authorized by the other partners.
3. Unless authorized  by  the  other  partners  or  unless  they  have
abandoned  the business, one or more but less than all the partners have
no authority to:
(a) Assign the partnership property in trust for creditors or  on  the
assignee's promise to pay the debts of the partnership.
(b) Dispose of the good-will of the business.
(c)  Do  any  other act which would make it impossible to carry on the
ordinary business of the partnership.
(d) Confess a judgment.
(e)  Submit  a  partnership  claim  or  liability  to  arbitration  or
reference.
4.  No  act  of  a  partner  in  contravention of a restriction on his
authority shall bind the partnership to persons having knowledge of  the
restriction.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 21 - Conveyance of Real Property of the Partnership.

§  21. Conveyance of real property of the partnership.  1. Where title
  to real property is in the partnership  name,  any  partner  may  convey
  title to such property by a conveyance executed in the partnership name;
  but  the  partnership may recover such property unless the partner's act
  binds the partnership under the provisions of subdivision one of section
  twenty, or unless such property has been conveyed by the  grantee  or  a
  person  claiming  through  such  grantee  to  a holder for value without
  knowledge that the partner, in making the conveyance, has  exceeded  his
  authority.
2.  Where  title to real property is in the name of the partnership, a
  conveyance executed by a partner, in his own name, passes the  equitable
  interest  of  the  partnership,  provided  the  act  is  one  within the
  authority of the partner under the  provisions  of  subdivision  one  of
  section twenty.
3.  Where title to real property is in the name of one or more but not
  all the partners, and the record does not  disclose  the  right  of  the
  partnership,  the  partners  in  whose  name the title stands may convey
  title to such property, but the partnership may recover such property if
  the partners' act does not bind the partnership under the provisions  of
  subdivision  one of section twenty, unless the purchaser or his assignee
  is a holder for value, without knowledge.
4. Where the title to real property is in the name of one or  more  or
  all  the  partners, or in a third person in trust for the partnership, a
  conveyance executed by a partner in the partnership name, or in his  own
  name, passes the equitable interest of the partnership, provided the act
  is  one  within  the  authority  of  the partner under the provisions of
  subdivision one of section twenty.
5. Where the title to real  property  is  in  the  names  of  all  the
  partners  a  conveyance  executed  by  all the partners passes all their
  rights in such property.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 23 - Partnership Charged With Knowledge of or Notice to Partner.

§  23.  Partnership  charged  with  knowledge of or notice to partner.
  Notice to any partner of any matter relating to partnership affairs, and
  the knowledge of the partner acting in the particular  matter,  acquired
  while  a  partner  or then present to his mind, and the knowledge of any
  other partner who reasonably could and should have  communicated  it  to
  the   acting   partner,  operate  as  notice  to  or  knowledge  of  the
  partnership, except in the case of a fraud on the partnership  committed
  by or with the consent of that partner.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 24 - Partnership Bound by Partner's Wrongful Act.

§  24.  Partnership  bound  by partner's wrongful act.   Where, by any
  wrongful act or omission of any partner acting in the ordinary course of
  the  business  of  the  partnership,  or  with  the  authority  of   his
  copartners,  loss or injury is caused to any person, not being a partner
  in the partnership, or any  penalty  is  incurred,  the  partnership  is
  liable  therefor to the same extent as the partner so acting or omitting
  to act.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 25 - Partnership Bound by Partner's Breach of Trust.

§ 25. Partnership bound by partner's breach of trust.  The partnership
  is bound to make good the loss:
1. Where one partner acting within the scope of his apparent authority
  receives money or property of a third person and misapplies it; and
2.  Where the partnership in the course of its business receives money
  or property of a third person and the money or property so  received  is
  misapplied by any partner while it is in the custody of the partnership.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 27 - Partner by Estoppel.

§  27.  Partner  by  estoppel.    1. When a person, by words spoken or
written or by  conduct,  represents  himself,  or  consents  to  another
representing  him to any one, as a partner in an existing partnership or
with one or more persons not actual partners, he is liable to  any  such
person  to whom such representation has been made, who has, on the faith
of  such  representation,  given  credit  to  the  actual  or   apparent
partnership,  and if he has made such representation or consented to its
being made in a public manner he is liable to such person,  whether  the
representation  has  or has not been made or communicated to such person
so giving credit by or with the knowledge of the apparent partner making
the representation or consenting to its being made.
(a) When a partnership liability results, he is liable  as  though  he
were an actual member of the partnership.
(b)  When  no partnership liability results, he is liable jointly with
the  other  persons,  if  any,  so  consenting  to   the   contract   or
representation as to incur liability, otherwise separately.
2.  When  a  person  has  been  thus represented to be a partner in an
existing partnership, or with one or more persons not  actual  partners,
he  is an agent of the persons consenting to such representation to bind
them to the same extent and in the same  manner  as  though  he  were  a
partner   in   fact,   with   respect  to  persons  who  rely  upon  the
representation. Where  all  the  members  of  the  existing  partnership
consent  to the representation, a partnership act or obligation results;
but in all other cases it is the joint act or obligation of  the  person
acting and the persons consenting to the representation.
2023 New York Laws › PTR - Partnership › Article 3 - Relations of Partners to Persons Dealing With the Partnership. › 28 - Liability of Incoming Partner.

§  28.  Liability of incoming partner.  A person admitted as a partner
  into an existing partnership is liable for all the  obligations  of  the
  partnership arising before his admission as though he had been a partner
  when  such obligations were incurred, except that his liability shall be
  satisfied only out of partnership property.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 40 - Rules Determining Rights and Duties of Partners.

§  40. Rules determining rights and duties of partners. The rights and
  duties  of  the  partners  in  relation  to  the  partnership  shall  be
  determined,  subject  to  any  agreement  between them, by the following
  rules:
1. Each partner shall be repaid his contributions, whether by  way  of
  capital or advances to the partnership property and share equally in the
  profits  and surplus remaining after all liabilities, including those to
  partners, are satisfied; and except as provided in  subdivision  (b)  of
  section  twenty-six of this chapter, each partner must contribute toward
  the  losses,  whether  of  capital  or  otherwise,  sustained   by   the
  partnership according to his share in the profits.
2.    Except  as  provided in subdivision (b) of section twenty-six of
  this chapter, the partnership must indemnify every partner in respect of
  payments made and personal liabilities reasonably incurred by him in the
  ordinary and proper conduct of its business, or for the preservation  of
  its business or property.
3.  A  partner,  who  in  aid  of the partnership makes any payment or
  advance beyond the amount of capital  which  he  agreed  to  contribute,
  shall be paid interest from the date of the payment or advance.
4.  A partner shall receive interest on the capital contributed by him
  only from the date when repayment should be made.
5. All partners have equal rights in the management and conduct of the
  partnership business.
6.  No  partner  is  entitled  to  remuneration  for  acting  in   the
  partnership  business,  except  that  a surviving partner is entitled to
  reasonable compensation for his services in winding up  the  partnership
  affairs.
7.  No person can become a member of a partnership without the consent
  of all the partners.
8. Any difference arising as to ordinary matters  connected  with  the
  partnership  business  may be decided by a majority of the partners; but
  no act in contravention of any agreement between  the  partners  may  be
  done rightfully without the consent of all the partners.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 41 - Partnership Books.

§ 41. Partnership books.  The partnership books shall be kept, subject
  to  any  agreement  between  the  partners,  at  the  principal place of
  business of the partnership, and every partner shall at all  times  have
  access to and may inspect and copy any of them.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 42 - Duty of Partners to Render Information.

§  42.  Duty of partners to render information.  Partners shall render
  on demand  true  and  full  information  of  all  things  affecting  the
  partnership  to  any partner or the legal representative of any deceased
  partner or partner under legal disability.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 43 - Partner Accountable as a Fiduciary.

§  43.  Partner  accountable  as  a fiduciary.   1. Every partner must
  account to the partnership for any benefit, and hold as trustee  for  it
  any  profits  derived  by  him without the consent of the other partners
  from  any  transaction  connected  with  the  formation,   conduct,   or
  liquidation of the partnership or from any use by him of its property.
2.  This  section  applies  also  to the representatives of a deceased
  partner engaged in the liquidation of the affairs of the partnership  as
  the personal representatives of the last surviving partner.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 44 - Right to an Account.

§  44.  Right  to  an account.   Any partner shall have the right to a
  formal account as to partnership affairs:
1. If he is wrongfully  excluded  from  the  partnership  business  or
  possession of its property by his copartners,
2. If the right exists under the terms of any agreement,
3. As provided by section forty-three,
4. Whenever other circumstances render it just and reasonable.
2023 New York Laws › PTR - Partnership › Article 4 - Relations of Partners to One Another. › 45 - Continuation of Partnership Beyond Fixed Term.

§  45.  Continuation  of  partnership  beyond  fixed term.   1. When a
  partnership for a fixed term  or  particular  undertaking  is  continued
  after the termination of such term or particular undertaking without any
  express agreement, the rights and duties of the partners remain the same
  as  they  were  at  such  termination,  so  far  as is consistent with a
  partnership at will.
2. A continuation of the business by the partners or such of  them  as
  habitually  acted  therein  during  the  term, without any settlement or
  liquidation of the partnership affairs, is prima  facie  evidence  of  a
  continuation of the partnership.
2023 New York Laws › PTR - Partnership › Article 5 - Property Rights of a Partner. › 50 - Extent of Property Rights of a Partner.

§  50. Extent of property rights of a partner.  The property rights of
  a partner are (a) his rights in specific partnership property,  (b)  his
  interest  in  the  partnership,  and (c) his right to participate in the
  management.
2023 New York Laws › PTR - Partnership › Article 5 - Property Rights of a Partner. › 51 - Nature of a Partner's Right in Specific Partnership Property.

§  51.  Nature  of a partner's right in specific partnership property.
1. A partner is co-owner  with  his  partners  of  specific  partnership
property holding as a tenant in partnership.
2. The incidents of this tenancy are such that:
(a)  A  partner,  subject to the provisions of this chapter and to any
agreement between the partners, has an equal right with his partners  to
possess  specific  partnership property for partnership purposes; but he
has no right to possess such property for any other purpose without  the
consent of his partners.
(b)  A  partner's  right  in  specific  partnership  property  is  not
assignable except in connection with the assignment of the rights of all
the partners in the same property.
(c) A partner's right in specific partnership property is not  subject
to  attachment  or execution, except on a claim against the partnership.
When partnership  property  is  attached  for  a  partnership  debt  the
partners,  or any of them, or the representatives of a deceased partner,
cannot claim any right under the homestead or exemption laws.
(d) On the death of  a  partner  his  right  in  specific  partnership
property  vests  in  the surviving partner or partners, except where the
deceased was the last surviving partner, when his right in such property
vests in his legal representative. Such surviving partner  or  partners,
or  the legal representative of the last surviving partner, has no right
to possess the partnership property for any but a partnership purpose.
(e) A partner's right in specific partnership property is not  subject
to dower, curtesy, or allowances to surviving spouses, heirs, or next of
kin.
2023 New York Laws › PTR - Partnership › Article 5 - Property Rights of a Partner. › 53 - Assignment of Partner's Interest.

§  53. Assignment of partner's interest.  1. A conveyance by a partner
  of his interest in the partnership  does  not  of  itself  dissolve  the
  partnership,  nor,  as  against  the  other  partners  in the absence of
  agreement,  entitle  the  assignee,  during  the  continuance   of   the
  partnership,  to  interfere  in  the management or administration of the
  partnership business or  affairs,  or  to  require  any  information  or
  account  of  partnership  transactions,  or  to  inspect the partnership
  books; but it merely entitles the assignee to receive in accordance with
  his contract the profits to which the assigning partner would  otherwise
  be entitled.
2.  In  case  of  a  dissolution  of  the partnership, the assignee is
  entitled to receive his assignor's interest and may require  an  account
  from the date only of the last account agreed to by all the partners.
2023 New York Laws › PTR - Partnership › Article 5 - Property Rights of a Partner. › 54 - Partner's Interest Subject to Charging Order.

§  54.  Partner's  interest  subject  to  charging  order.   1. On due
application to a competent court by any judgment creditor of a  partner,
the  court  which  entered  the judgment, order, or decree, or any other
court, may charge the interest of the debtor partner with payment of the
unsatisfied amount of such judgment debt  with  interest  thereon.  Upon
such application or upon the granting of an order attaching the interest
of  the  debtor  partner  before  judgment,  the court may then or later
appoint a receiver of his share of the profits, and of any  other  money
due  or  to  fall due to him in respect of the partnership, and make all
other orders,  directions,  accounts  and  inquiries  which  the  debtor
partner  might  have  made,  or  which the circumstances of the case may
require.
2.  The  interest  charged  may  be  redeemed  at  any   time   before
foreclosure,  or  in  case  of a sale being directed by the court may be
purchased without thereby causing a dissolution:
(a) With separate property, by any one or more of the partners, or
(b) With partnership property, by any one or more of the partners with
the consent of all the partners whose interests are not  so  charged  or
sold.
3.  Nothing  in  this  act  shall  be held to deprive a partner of his
right, if any, under the exemption laws, as regards his interest in  the
partnership.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 62 - Causes of Dissolution.

§ 62. Causes of dissolution.  Dissolution is caused:
1. Without violation of the agreement between the partners,
(a)  By the termination of the definite term or particular undertaking
specified in the agreement,
(b) By the express will of  any  partner  when  no  definite  term  or
particular undertaking is specified,
(c)  By  the  express  will  of all the partners who have not assigned
their interests or suffered them to be charged for their separate debts,
either before  or  after  the  termination  of  any  specified  term  or
particular undertaking,
(d)  By  the  expulsion  of any partner from the business bona fide in
accordance with such a power conferred  by  the  agreement  between  the
partners;
2.  In  contravention of the agreement between the partners, where the
circumstances do not permit a dissolution under any other  provision  of
this section, by the express will of any partner at any time;
3.  By  any  event  which  makes  it  unlawful for the business of the
partnership to be carried on or for  the  members  to  carry  it  on  in
partnership;
4. By the death of any partner;
5. By the bankruptcy of any partner or the partnership;
6. By decree of court under section sixty-three.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 63 - Dissolution by Decree of Court.

§  63.  Dissolution  by  decree  of  court.  The  court shall decree a
dissolution.
1. On application by or for a partner whenever:
(a) A partner has been declared incompetent in any judicial proceeding
or is shown to be of unsound mind,
(b) A partner becomes in any other way  incapable  of  performing  his
part of the partnership contract,
(c)  A  partner  has  been  guilty  of such conduct as tends to affect
prejudicially the carrying on of the business,
(d) A partner  wilfully  or  persistently  commits  a  breach  of  the
partnership  agreement,  or  otherwise  so  conducts  himself in matters
relating  to  the  partnership  business  that  it  is  not   reasonably
practicable to carry on the business in partnership with him,
(e) The business of the partnership can only be carried on at a loss,
(f) Other circumstances render a dissolution equitable;
2.  On  the application of the purchaser of a partner's interest under
sections fifty-three or fifty-four:
(a)  After  the  termination  of  the  specified  term  or  particular
undertaking,
(b)  At any time if the partnership was a partnership at will when the
interest was assigned or when the charging order was issued.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 64 - General Effect of Dissolution on Authority of Partner.

§  64.  General effect of dissolution on authority of partner.  Except
so far as may be necessary to wind up partnership affairs or to complete
transactions begun but not then  finished,  dissolution  terminates  all
authority of any partner to act for the partnership,
1. With respect to the partners:
(a)  When  the dissolution is not by the act, bankruptcy or death of a
partner; or
(b) When the dissolution is by such act,  bankruptcy  or  death  of  a
partner, in cases where section sixty-five so requires.
2.  With  respect  to  persons  not  partners,  as declared in section
sixty-six.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 65 - Right of Partner to Contribution From Copartners After Dissolution.

§   65.  Right  of  partner  to  contribution  from  copartners  after
  dissolution.   Where the dissolution is caused  by  the  act,  death  or
  bankruptcy  of  a  partner, each partner is liable to his copartners for
  his share of any  liability  created  by  any  partner  acting  for  the
  partnership as if the partnership had not been dissolved unless
1. The dissolution being by act of any partner, the partner acting for
  the partnership had knowledge of the dissolution,
2.  The dissolution being by the death or bankruptcy of a partner, the
  partner acting for the partnership had knowledge or notice of the  death
  or bankruptcy, or
3.  The liability is for a debt, obligation or liability for which the
  partner is  not  liable  as  provided  in  subdivision  (b)  of  section
  twenty-six of this chapter.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 66 - Power of Partner to Bind Partnership to Third Persons After Dissolution.

§  66.  Power  of  partner  to bind partnership to third persons after
dissolution. (1) After dissolution a partner can  bind  the  partnership
except as provided in subdivision three
(a)  By  any  act  appropriate  for  winding up partnership affairs or
completing transactions unfinished at dissolution;
(b) By any transaction which would bind the partnership if dissolution
had not taken place, provided the other party to the transaction
(I) Had extended credit to the partnership prior  to  dissolution  and
had no knowledge or notice of the dissolution; or
(II)  Though  he had not so extended credit, had nevertheless known of
the partnership prior to the dissolution, and, having  no  knowledge  or
notice  of  dissolution, the fact of dissolution had not been advertised
in a newspaper of general circulation in the place (or in each place  if
more  than  one) at which the partnership business was regularly carried
on.
2. The liability of a partner under subdivision  one,  paragraph  (b),
shall be satisfied out of partnership assets alone when such partner had
been prior to dissolution
(a) Unknown as a partner to the person with whom the contract is made;
and
(b)  So  far  unknown  and  inactive  in  partnership affairs that the
business reputation of the partnership could not be said to have been in
any degree due to his connection with it.
3. The partnership is in no case bound by any act of a  partner  after
dissolution
(a) Where the partnership is dissolved because it is unlawful to carry
on the business, unless the act is appropriate for winding up partnerhip
affairs; or
(b) Where the partner has become bankrupt; or
(c) Where the partner has no authority to wind up partnership affairs,
except by a transaction with one who
(I)  Had  extended  credit to the partnership prior to dissolution and
had no knowledge or notice of his want of authority; or
(II) Had not extended credit to the partnership prior to  dissolution,
and, having no knowledge or notice of his want of authority, the fact of
his want of authority has not been advertised in the manner provided for
advertising  the  fact of dissolution in subdivision one, paragraph (b),
clause (II).
4. Nothing in this section shall affect the  liability  under  section
twenty-seven  of  any person who after dissolution represents himself or
consents to another representing him  as  a  partner  in  a  partnership
engaged in carrying on business.
2023 New York Laws › PTR - Partnership › Article 6 - Dissolution and Winding Up. › 67 - Effect of Dissolution on Partner's Existing Liability.

§  67.  Effect of dissolution on partner's existing liability.  1. The
  dissolution of the partnership does not of itself discharge the existing
  liability of any partner.
2.  A  partner  is  discharged  from  any  existing   liability   upon
  dissolution  of  the  partnership by an agreement to that effect between
  himself,  the  partnership  creditor  and  the  person  or   partnership
  continuing  the  business;  and  such agreement may be inferred from the
  course  of  dealing  between  the  creditor  having  knowledge  of   the
  dissolution and the person or partnership continuing the business.
3.  Where  a  person  agrees  to  assume the existing obligations of a
  dissolved partnership, the partners whose obligations have been  assumed
  shall   be  discharged  from  any  liability  to  any  creditor  of  the
  partnership who, knowing  of  the  agreement,  consents  to  a  material
  alteration in the nature or time of payment of such obligations.
4.  The  individual property of a deceased partner shall be liable for
  those obligations of the partnership incurred while he was a partner and
  for which he was liable under section twenty-six  of  this  chapter  but
  subject to the prior payment of his separate debts.