Title GOB, General Obligations

§ 5-1502A. Construction--real estate transactions. In a statutory\nshort form power of attorney, the language conferring general authority\nwith respect to "real estate transactions," must be construed to mean\nthat the principal authorizes the agent:\n 1. To accept as a gift, o…

§ 5-1502B. Construction--chattel and goods transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "chattel and goods transactions," must be\nconstrued to mean that the principal authorizes the agent:\n 1. To accept …

§ 5-1502C. Construction--bond, share and commodity transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "bond, share and commodity transactions," must\nbe construed to mean that the principal authorizes the agent:…

§ 5-1502D. Construction--banking transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "banking transactions," must be construed to mean that the\nprincipal authorizes the agent:\n 1. To continue, to modify, to ter…

§ 5-1502E. Construction--business operating transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "business operating transactions," must be\nconstrued to mean that the principal authorizes the agent:\n 1. To the e…

§ 5-1502F. Construction--insurance transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "insurance transactions," must be construed to mean that the\nprincipal authorizes the agent:\n 1. To continue, to pay the pr…

§ 5-1502G. Construction--estate transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "estate transactions," must be construed to mean that the\nprincipal authorizes the agent:\n 1. To the extent that an agent is p…

§ 5-1502H. Construction--claims and litigation. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "claims and litigation," must be construed to mean that the\nprincipal authorizes the agent:\n 1. To assert and to prosecute b…

§ 5-1502I. Construction--personal and family maintenance. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "personal and family maintenance" must be\nconstrued to mean that the principal authorizes the agent:\n 1. To do all…

§ 5-1502J. Construction--benefits from governmental programs or civil\nor military service. In a statutory short form power of attorney, the\nlanguage conferring general authority with respect to "benefits from\ngovernmental programs or civil or military service," or in a statut…

§ 5-1502K. Construction--matters related to health care. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "matters related to health care," or in a\nstatutory short form power of attorney properly executed in accordance\nwi…

§ 5-1502L. Construction--retirement benefit transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "retirement benefit transactions" must be\nconstrued to mean that the principal authorizes the agent:\n 1. To contri…

§ 5-1502M. Construction--tax matters. In a statutory short form power\nof attorney, the language conferring general authority with respect to\n"tax matters", must be construed to mean that the principal authorizes\nthe agent:\n 1. To prepare, sign, and file federal, state, local…

§ 5-1502N. Construction--all other matters. In a statutory short form\npower of attorney, the language conferring general authority with\nrespect to "all other matters" must be construed to mean that the\nprincipal authorizes the agent to act as an alter ego of the principal\nwi…

§ 5-1503. Modifications of the statutory short form power of attorney.\nA power of attorney which satisfies the requirements of paragraphs (a),\n(b) and (c) of subdivision one of section 5-1501B and section 5-1513 of\nthis title is not prevented from being a "statutory short for…

§ 5-1504. Acceptance of and reliance upon acknowledged and witnessed\nstatutory short form power of attorney. 1. (a) For purposes of this\nsection, "acknowledged" means purportedly verified before a notary\npublic or other individual authorized to take acknowledgements. For\npur…

§ 5-1505. Standard of care; fiduciary duties; compelling disclosure of\nrecord. 1. Standard of care. In dealing with property of the principal,\nan agent shall observe the standard of care that would be observed by a\nprudent person dealing with property of another.\n 2. Fiducia…

§ 5-1506. Compensation. 1. An agent is not entitled to receive\ncompensation from the assets of the principal for responsibilities\nperformed under a power of attorney unless the principal specifically\nprovides for compensation in the power of attorney.\n 2. An agent shall be e…

§ 5-1507. Signature of agent. 1. (a) In any transaction where the\nagent is acting pursuant to a power of attorney and where the\nhand-written signature of the agent or principal is required, the agent\nshall disclose the principal and agent relationship by:\n (1) signing "(name…

§ 5-1508. Co-agents and successor agents. 1. A principal may designate\ntwo or more persons to act as co-agents. Unless the principal provides\notherwise in the power of attorney, the co-agents must act jointly.\nHowever, if prompt action is required to accomplish a purpose of t…

§ 5-1509. Appointment of monitor. A principal may appoint a monitor or\nmonitors in the power of attorney who shall have the authority to\nrequest, receive and compel the agent to provide a record of all\nreceipts, disbursements and transactions entered into by the agent on\nbeh…

§ 5-1510. Special proceedings. 1. If the agent has failed to make\navailable a copy of the power of attorney and/or a record of all\nreceipts, disbursements, and transactions entered into by the agent on\nbehalf of a principal to a person who may request such record pursuant\nto…

§ 5-1511. Termination or revocation of power of attorney; notice. 1. A\npower of attorney terminates when:\n (a) the principal dies;\n (b) the principal becomes incapacitated, if the power of attorney is\nnot durable;\n (c) the principal revokes the power of attorney;\n (d) the …

§ 5-1512. Powers of attorney executed in other jurisdictions.\nNotwithstanding the provisions of section 5-1501B of this title, a power\nof attorney executed in another state or jurisdiction in compliance with\nthe law of that state or jurisdiction or the law of this state is va…

§ 5-1513. Statutory short form power of attorney. The use of the\nfollowing form, or one which substantially conforms to the following\nform, in the creation of a power of attorney is lawful, and, when used,\nand executed in accordance with subdivision one of section 5-1501B of\…

§ 5-1551. Power of parent to designate a person in parental relation.\nA parent of a minor or incapacitated person may designate another person\nas a person in parental relation to such minor or incapacitated person\npursuant to sections twenty-one hundred sixty-four and twenty-…

§ 5-1552. Form of designation. 1. Designations in general. A\ndesignation of a person in parental relation pursuant to this title\nshall be in writing and shall include: the name of the parent, the name\nof the designee, the name of each minor or incapacitated person with\nrespe…

§ 5-1553. Scope of designation. A designation pursuant to this title\nmay specify: the treatment, diagnosis or activities for which consent is\nauthorized; any treatment, diagnosis or activity for which consent is\nnot authorized; or any other limitation on the duties and\nrespo…

§ 5-1554. Revocation of designation. A parent may revoke a designation\nby notifying, either orally or in writing, the designee or a school,\nhealth care provider, or health plan to which the designation has been\npresented, or by any other act evidencing a specific intent to re…

§ 5-1555. Effect of designation. 1. A designee shall possess all the\npowers and duties of a person in parental relation pursuant to sections\ntwenty-one hundred sixty-four and twenty-five hundred four of the public\nhealth law and sections two and thirty-two hundred twelve of t…

§ 5-1601. Definitions. As used in this title the following terms shall\nhave the following meanings:\n 1. "Euro" shall mean the currency of participating member states of\nthe European Union that adopt a single currency in accordance with the\ntreaty on European Union signed Feb…

§ 5-1602. Continuity of contract. 1. (a) If a subject or medium of\npayment of a contract, security or instrument is a currency that has\nbeen substituted or replaced by the euro, the euro will be a\ncommercially reasonable substitute and substantial equivalent that may\nbe eith…

§ 5-1603. Effect of agreements. The provisions of this title shall not\nalter or impair and shall be subject to any agreements between parties\nwith specific reference to or agreement regarding the introduction of\nthe euro.\n

§ 5-1604. Application. 1. Notwithstanding the uniform commercial code\nor any other law of this state, this title shall apply to all contracts,\nsecurities and instruments, including contracts with respect to\ncommercial transactions, and shall not be deemed to be displaced by a…

§ 5-1701. Definitions. For purposes of this title:\n (a) "annuity issuer" means an insurer that has issued an insurance\ncontract used to fund periodic payments under a structured settlement;\n (b) "dependents" include a payee's spouse and minor children and all\nother persons f…

§ 5-1702. Initial disclosure of structured settlement terms. In\nnegotiating a structured settlement of claims brought by or on behalf of\na claimant who is domiciled in this state, the defendant or defendant's\nlegal representative shall disclose in writing to the claimant or t…

§ 5-1703. Required disclosures to payee. Not less than ten days prior\nto the date on which the payee signs a transfer agreement, the\ntransferee shall provide to the payee by first class mail and certified\nmail, return receipt requested or United States postal service priority…

§ 5-1704. Provisions prohibited in transfer agreement. No transfer\nagreement or other document or agreement executed in association with\nthe transfer shall contain any provision described in this section. To\nthe extent that a prohibited provision is included in a transfer\nag…

§ 5-1705. Procedure for approval of transfers. (a) An action for\napproval of a transfer of a structured settlement shall be by a special\nproceeding brought on only by order to show cause.\n (b) Such proceeding shall be commenced to obtain approval of a\ntransfer of structured …

§ 5-1706. Approval of transfers of structured settlement payment\nrights. No direct or indirect transfer of structured settlement payment\nrights shall be effective and no structured settlement obligor or\nannuity issuer shall be required to make any payment directly or\nindirec…

§ 5-1707. Effects of transfer of structured settlement payment rights.\nFollowing a transfer of structured settlement payment rights under this\ntitle:\n (a) The structured settlement obligor and the annuity issuer shall, as\nto all parties except the transferee, be discharged a…

§ 5-1708. General provisions; construction. (a) The provisions of this\ntitle may not be waived by any payee.\n (b) Any transfer agreement entered into on or after the effective date\nof this title by a payee who resides in this state shall provide that\ndisputes under such tran…

§ 5-1708-a. Waiver for families of victims of terrorist attacks.\nNotwithstanding the provisions of section four thousand two hundred\ntwenty-four of the insurance law:\n (a) An annuity issuer, or an employee or other representative of such\nissuer, shall be permitted to waive o…

§ 5-1709. Enforcement. (a) In addition to the other remedies provided,\nwhenever there shall be a violation of this title, application may be\nmade by the attorney general in the name of the people of the state of\nNew York to a court of competent jurisdiction by a special proce…

§ 5-301. Certain employment contracts void. Every undertaking or\npromise, whether written or oral, express or implied, constituting or\ncontained, in any contract or agreement of hiring or employment between\nany individual, firm, company, association or corporation and any\nem…

§ 5-302. 1. Contracts for the creation and use of digital replicas.\nAny provision in an agreement between an individual and any other person\nor entity for the performance of personal or professional services is\ncontrary to public policy and shall be void and unenforceable as …

§ 5-311. Certain agreements between husband and wife void. Except as\nprovided in section two hundred thirty-six of the domestic relations\nlaw, a husband and wife cannot contract to alter or dissolve the\nmarriage or to relieve either of his or her liability to support the\noth…

§ 5-321. Agreements exempting lessors from liability for negligence\nvoid and unenforceable. Every covenant, agreement or understanding in or\nin connection with or collateral to any lease of real property exempting\nthe lessor from liability for damages for injuries to person o…

§ 5-322. Agreements exempting caterers and catering establishments\nfrom liability for negligence void and unenforceable. Every covenant,\nagreement or understanding in or in connection with or collateral to any\ncontract entered into with any caterer or catering establishment\n…

§ 5-322.1. Agreements exempting owners and contractors from liability\nfor negligence void and unenforceable; certain cases. 1. A covenant,\npromise, agreement or understanding in, or in connection with or\ncollateral to a contract or agreement relative to the construction,\nalt…