§ 7-101 Bond to be executed by corporation counsel.
The corporation counsel shall execute a bond to the city, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of that office. Such bond shall contain one or more sureties, who shall be approved by the comptroller.
§ 7-102 Law department relieved from payment of fees to city, county or other officers.
§ 7-103 Corporation counsel.
It shall be unlawful for the corporation counsel or any of the corporation counsel’s assistants to appear as attorney or counsel in any action or litigation except in the discharge of his or her official duties, or to accept an appointment as referee or receiver in any action or proceeding.
§ 7-104 Legislative bills; local laws.
The corporation counsel shall prepare the draft of any bill to be presented by the city to the legislature for enactment, with a proper memorial for the passage thereof, and shall prepare such local laws as may be required by the council or any committee thereof.
§ 7-105 Actions and proceedings for recovery of penalties.
The assistant corporation counsel in charge of the recovery of penalties, subject only to the approval of the corporation counsel, may settle, compromise, adjust or discontinue any action brought to recover a penalty in the name of the city or any agency thereof, provided that the penalty sued for does not exceed the sum of two hundred fifty dollars.
§ 7-106 Collection of debts.
The comptroller shall direct legal proceedings to be taken when necessary to enforce payment of debts due to the city.
§ 7-107 Register of actions.
The corporation counsel shall keep in proper books, to be provided for that purpose, a register of all actions prosecuted or defended by the corporation counsel, and all proceedings had therein.
§ 7-108 Bond or other security on behalf of city; by whom executed.
In all actions or proceedings, in either the state or United States courts, in which the city or any department thereof shall be a party, an undertaking, bond, security, or stipulation which is required of the city as a condition to the obtaining of any legal remedy or process, or to the perfecting of an appeal or the stay of execution or other writ in the nature thereof, may be executed on behalf of the city by the comptroller, upon the advice of the corporation counsel that it should be executed, and in such form or manner as he or she may approve or advise.
§ 7-109 Corporation counsel; when the corporation counsel may appear for officer, subordinate, or employee of an agency.
The corporation counsel, in his or her discretion may appear, or direct any of his or her assistants to appear, in any action or proceeding, whether criminal or civil, which may be brought against any officer, subordinate or employee in the service of the city, or of any of the counties contained therein, by reason of any acts done or omitted by such officer, subordinate or employee, while in the performance of his or her duty, whenever such appearance is requested by the head of the agency in which such officer, subordinate or employee is employed or whenever the interests of the city require the appearance of the corporation counsel. The head of the agency in which such officer, subordinate or employee is employed shall submit all pertinent papers and other documents to the corporation counsel.
§ 7-110 Corporation counsel; representation and indemnification of district attorneys.
The district attorney and the employees of his or her office in each of the counties within the city shall be entitled to legal representation by the corporation counsel and indemnification by the city pursuant to the provisions of, and subject to the conditions, procedures and limitations contained in section fifty-k of the general municipal law.
§ 7-111 Online publication of city laws.
The corporation counsel shall make available through the city’s website a true and complete compilation of the charter, the administrative code, and the rules of the city of new york. Such compilation shall be in a searchable, machine-readable format or formats that are capable of being downloaded in bulk, and which are chosen for the purpose of making such compilations available to the greatest number of users and for the greatest number of applications. Such compilation shall be updated to reflect changes to such compilation no later than four weeks after such changes are made.
§ 7-112 Reporting on nuisance abatement actions.
Requesting entity. The term “requesting entity” means the governmental entity that requests a nuisance abatement action, except for the New York city police department.
Nuisance abatement action. The term “nuisance abatement action” means a civil proceeding brought by the corporation counsel pursuant to subchapter 2 of chapter 7 of this title, except for a proceeding brought at the request of the New York city police department.
Type of nuisance. The term “type of nuisance” means the public nuisance, as defined in a subdivision of section 7-703, intended to be abated by a nuisance abatement action.
1. Nuisance abatement actions filed, in total and disaggregated by requesting entity and type of nuisance.
2. For all nuisance abatement actions, in total and disaggregated by requesting entity and type of nuisance:
(a) the number of temporary closing orders and temporary restraining orders sought and the number granted, in total and disaggregated by the type of order; and
(b) the number of applications for preliminary injunctions sought and the number granted.
§ 7-113 Civil actions regarding the department of correction.
1. a list of civil actions filed against the department of correction or individual employees of the department of correction, or both, during the five-year period preceding each January 1 or July 1 immediately preceding such report;
2. for each action: (i) the court in which the action was filed, (ii) the name of the law firm representing the plaintiff, (iii) the name of the law firm or agency representing each defendant, (iv) the date the action was filed; and (v) whether the plaintiff alleged improper conduct, including, but not limited to, claims involving the use of force or assault and battery; and
3. if an action has been resolved: (i) the date on which it was resolved, (ii) the manner in which it was resolved, and (iii) whether the resolution included a payment to the plaintiff by the city and, if so, the amount of such payment.
§ 7-114 Civil actions regarding the police department.
1. a list of civil actions filed against the police department or individual police officers, or both, during the five-year period preceding each January 1 or July 1 immediately preceding each report;
2. for each such action: (i) the court in which the action was filed; (ii) the name of the law firm representing the plaintiff; (iii) the name of the law firm or agency representing each defendant; (iv) the date the action was filed; and (v) whether the plaintiff alleged improper police conduct, including, but not limited to, claims involving use of force, assault and battery, malicious prosecution, or false arrest or imprisonment; and
3. if an action has been resolved: (i) the date on which it was resolved; (ii) the manner in which it was resolved; and (iii) whether the resolution included a payment to the plaintiff by the city and, if so, the amount of such payment.
§ 7-301 Board of statutory consolidation; powers and duties.
§ 7-201 Actions against the city.
(a) The term “street” shall include the curbstone, an avenue, underpass, road, alley, lane, boulevard, concourse, parkway, road or path within a park, park approach, driveway, thoroughfare, public way, public square, public place, and public parking area.
(b) The term “sidewalk” shall include a boardwalk, underpass, pedestrian walk or path, step and stairway.
(c) The term “bridge” shall include a viaduct and an overpass.
2. No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street, highway, bridge, wharf, culvert, sidewalk or crosswalk, or any part or portion of any of the foregoing including any encumbrances thereon or attachments thereto, being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice, or where there was previous injury to person or property as a result of the existence of the defective, unsafe, dangerous or obstructed condition, and written notice thereof was given to a city agency, or there was written acknowledgement from the city of the defective, unsafe, dangerous or obstructed condition, and there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe.
3. The commissioner of transportation shall keep an indexed record in a separate book of all written notices which the city receives and acknowledgement of which the city gives of the existence of such defective, unsafe, dangerous or obstructed conditions, which record shall state the date of receipt of each such notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. This record shall be a public record. The record of each notice shall be maintained in the department of transportation for a period of three years after the date on which it is received and shall be preserved in the municipal archives for a period of not less than ten years.
4. Written acknowledgement shall be given by the department of transportation of all notices received by it.
§ 7-202 Power of comptroller to extend the time for commencement of suit upon claims.
Notwithstanding any other provision of law, the comptroller may, by stipulation in writing, agree with a claimant against the city, the board of education or any community college of the city university of New York, to extend the time of such claimant to commence suit upon a claim, the settlement of which is then pending before the comptroller, provided that such stipulation shall not extend the time within which such suit may be brought for a period or periods aggregating more than six months after the expiration of the time otherwise limited by law for the commencement of a suit upon such claim.
§ 7-203 Settlement of claims.
1. claims reduced to judgment, or
2. awards, costs, charges and expenses duly taxed or ordered paid in judicial proceedings, or
3. claims arising under the provisions of contracts made at public letting in the manner provided by chapter thirteen of the charter and chapter one of title six of the code, or
4. claims settled and adjusted by the comptroller, pursuant to the authority of this section, shall not be paid unless an auditor of accounts shall certify that the charges therefor are just and reasonable.
§ 7-204 Settlement of claims.
The commissioner of finance may require any person presenting for settlement a claim in relation to excise and non-property taxes against the city to be sworn before the commissioner of finance, any of the deputy commissioners of finance, or any officer or employee of the department of finance or of the law department designated in a written instrument by the commissioner of finance and filed in the office of the commissioner, touching such claim, and when so sworn, to answer orally as to any facts relative to the justness of such claim. Wilful false swearing before the commissioner of finance, any deputy commissioner or officer or employee designated to conduct such oral examination is perjury and punishable as such. In adjusting and settling such claims, the commissioner of finance, as far as practicable, shall be governed by the rules of law and principles of equity which prevail in courts of justice.
§ 7-205 Comptroller to audit charges against city for costs, etc.
The comptroller, with the approval of the mayor, is authorized to audit and allow, as charges against the city, the reasonable costs, counsel fees and expenses paid or incurred, or which shall hereafter be paid or incurred by any commissioner or any judge of the civil or criminal courts of the city of New York who shall have been a successful party in any proceeding or trial to remove him or her from office, or who shall bring or defend any action or proceeding, in which the question of his or her title to office is in any way presented or involved, or in which it is sought to convict him or her, or to review or prohibit any such removal or to obtain possession of his or her office, or by any commissioner for the proper presentation and justification of his or her official conduct before any body or tribunal lawfully investigating the same, and not officially recommending his or her removal from office.
§ 7-206 Illegal claims; power of board of estimate to pay or compromise on equitable grounds.
The board of estimate may inquire into, hear and determine any claim against the city or any agency when the comptroller, or in the case of a claim against the board of education, the comptroller and the board of education, certifies in writing that such claim is illegal or invalid, but that it is equitable and proper that such claim be paid in whole or in part. If, upon such inquiry, the board of estimate, by a unanimous vote, determines that benefits have been received by the city or any agency and that public interests will best be served by payment or compromise thereof, it may authorize payment of such claim, and such claim shall thereupon be paid in such amount as the board shall determine to be just, in full satisfaction thereof, provided that the claimant shall execute a release, upon any such payment, in such form as shall be approved by the corporation counsel. The provisions of this section shall not authorize the audit or payment of any claim barred by the statute of limitations, nor any claim for services performed under an appointment in violation of any provision of the civil service law.
§ 7-207 Payment of bonds upon which suit is barred by lapse of time.
Notwithstanding any other provision of law, the comptroller shall pay the principal and interest upon bonds or other evidences of indebtedness issued by the city within twenty years after a cause of action has accrued on said bonds or other evidences of indebtedness issued by the city or interest thereon, suit upon which may be barred by the statute of limitations.
§ 7-208 Claims for injuries caused by police while executing legal process or sustained by persons injured while assisting in the apprehension of a criminal.
1. which shall have been caused by a police officer of the city, while such officer is engaged in arresting or endeavoring to arrest any person or in retaking any person who has escaped from legal custody, or in executing any legal process, or
2. which shall have been caused by any person who is engaged in or who is in the act of leaving the scene of the commission of a felony or who is endeavoring to escape from a police officer or from legal custody, if such death was caused or injury received in assisting a police officer in the performance of the officer’s duties.
§ 7-209 Issuance of execution.
Before execution may be issued upon any judgment recovered against the city ten days’ notice in writing of the recovery of such judgment shall be given to the comptroller.
§ 7-210 Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.
§ 7-211 Personal injury and property damage liability insurance.
An owner of real property, other than a public corporation as defined in section sixty-six of the general construction law or a state or federal agency or instrumentality, to which subdivision b of section 7-210 of this code applies, shall be required to have a policy of personal injury and property damage liability insurance for such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain the sidewalk abutting such property in a reasonably safe condition. The city shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section.
§ 7-212 Authority to make payments for personal injury, including death, where abutting property owner liable pursuant to section 7-210 is uninsured.
§ 7-401 Jurors fees.
In pursuance of section five hundred twenty-one of the judiciary law, it is hereby directed that the sum of twelve dollars be allowed to each grand juror and each trial juror for each day’s necessary attendance as such a juror at a term of any court of record of civil or criminal jurisdiction held within the city of New York; provided, however, that no such juror shall be so paid for attendance on any day on which the juror shall be excused from service at his or her own request.
§ 7-402 Fees to grand jurors.
Pursuant to section five hundred twenty-one of the judiciary law, where the term of a grand jury is extended by an order of the court, the sum of twelve dollars shall be allowed to each grand juror for each day’s necessary attendance by such grand juror during such extended term.
§ 7-403 Fees to grand jurors of extraordinary terms.
Pursuant to section five hundred twenty-one of the judiciary law, where a grand jury has been, or will hereafter be, empaneled to serve at an extraordinary and trial term of the supreme court of this state in any county within the city of New York, and where the term of such a grand jury continues for a period longer than thirty days from the date when such grand jury was empaneled and sworn, the sum of twelve dollars shall be allowed to each member of such grand jury for each day’s necessary attendance as a grand juror from and after the expiration of such thirty-day period and until such grand jury shall have been discharged by the court.
§ 7-501 Bond of sheriff.
§ 7-502 Seal.
The sheriff is authorized to adopt a seal.
§ 7-503 Sheriff; accounting for fees.
The sheriff shall be paid a salary to be fixed by the mayor. All fees shall be the property of the city. All sums so received, except as otherwise provided by law, shall be deposited by the commissioner of finance, without deduction, in accordance with section fifteen hundred twenty-three of the charter.
§ 7-504 Statement of account to comptroller.
§ 7-505 Penalty for failure to account to comptroller.
If the sheriff or any of the sheriff’s subordinates shall receive for their own use or neglect to account for any moneys belonging to the city, or if the sheriff shall neglect to render to the comptroller an account of the moneys which he or she has received or is entitled to receive in his or her official capacity or to pay over the same as herein required, or if the sheriff or any of the sheriff’s subordinates shall make a false statement in such certified transcript and return or shall swear falsely upon an examination by the comptroller, the sheriff or any such subordinate shall be deemed guilty of a misdemeanor and punishable with a fine of not less than five hundred dollars nor exceeding five thousand dollars or imprisonment for a period of not less than three months nor exceeding five years, or both, at the discretion of the court before whom the sheriff or any such subordinate may be convicted. Such convicted officer or subordinate shall also forfeit any sum that may be due him or her on account of salary and shall be liable to the city in a civil action for all moneys so received and not accounted for and not paid over into the treasury of the city as required by law.
§ 7-506 Disposition of moneys collected.
All moneys collected by the sheriff or any of the sheriff’s subordinates in any action or proceeding except fees authorized by law shall be paid to the party or parties to whom they are directed to be paid. When the sheriff is not so directed all such monies shall be deposited by the commissioner of finance in the court and trust fund accounts maintained by the commissioner of finance in accordance with applicable law. The money so deposited shall be withdrawn only on an order of the court on notice to the commissioner of finance and all parties who have appeared in the action or proceeding.
§ 7-507 Sheriff’s books and records.
The sheriff shall keep in proper books or records, in such form as the comptroller shall prescribe, an exact account of all fees actually received by the sheriff or the sheriff’s subordinates for any service done in their official capacity.
§ 7-508 Sheriff’s sale.
1. Whenever the sheriff is required by law to sell real or personal property, he or she may, and if requested in writing by any party or by the attorney of any party to the action or proceeding in which such sale be made, the sheriff must cause such sale to be made through an auctioneer. Such auctioneer shall be selected by the sheriff, except where the attorneys of such of the parties as have appeared in the action or proceeding in which such sale is to be made in writing name an auctioneer, subject to the approval of the sheriff, in which event the sale must be made by the sheriff through such autioneer. In the event of disapproval by the sheriff, the sale must be made by an auctioneer selected by the sheriff.
2. Such sheriff is authorized and directed to withhold from the proceeds of the sale a sum which would be sufficient to compensate the auctioneer for services rendered in conducting such sale, together with all necessary disbursements of such auctioneer as may be approved by the sheriff or by the attorneys for the parties to such action or proceeding, and to pay over such sum to such auctioneer. In no case shall such auctioneer’s fee exceed the customary market rate of auctioneers’ fees for similar services.
3. If the sheriff or any of the parties shall object to the fees and disbursements claimed by the auctioneer, such fees and disbursements shall be taxed by the court upon the application of the sheriff or of the auctioneer or of any of the parties who have appeared in the action or proceeding on two days’ notice by the party desiring such taxation to be given to all of the other parties last mentioned.
1. The sheriff shall also deduct from the proceeds of the sale the amounts paid by the sheriff or to be paid for cartage and for the transportation of the goods, as well as such sums paid to keepers or custodians or for storage of the property as hereinafter provided, together with the sums paid by the sheriff for insurance or expended necessarily in the protection and preservation of the property.
2. It shall be the duty of the sheriff after having paid over the proceeds of the sale to the parties in interest, less the amounts by this section authorized to be deducted from such proceeds, to enter in a proper book or record, to be kept for that purpose, under the title of the action in which such sale is made, the time and place of such sale, the name of the auctioneer who effected such sale and an itemized statement of the amount for which such goods are sold, the amount received therefor and the disbursements made by such sheriff under the authority of this section.
3. The sheriff shall keep vouchers or receipts for such payments regularly filed under the title of the action under which such sale has been effected at all times on file in the sheriff’s office. The same shall at all times during office hours be open to inspection as public records.
§ 7-509 Storage of property; payment.
The sheriff is authorized to store any goods or property for the safe keeping of which the sheriff may at any time be responsible, or to designate proper and competent persons to act as keepers or custodians of such goods or property, and to fix the salary of such keepers subject to review by a justice of the supreme court.
§ 7-510 Inquiry for enforcement of judgments owed to the city.
The sheriff shall be empowered to make an inquiry to determine whether a judgment debtor of the city has sufficient assets and property, including any debts owed to a judgment debtor, to pay the judgment. In connection with such an inquiry, the sheriff is authorized to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as he or she may deem necessary.
§ 7-513 Counsel. [Repealed]
The term “fees”, as used in this chapter, shall include all percentages, commissions, compensations, poundages, perquisites, and emoluments of any nature which the sheriff or any of the sheriff’s subordinates may receive by virtue of their office.
§ 7-515 Additional hours.
§ 7-516 Construction clause.
Any law, rule, regulation, contract or other document which refers or is applicable to the sheriff of any of the counties in the city shall refer to the office of the city sheriff in such county, except that any provision, in any law, rule, regulation, contract or other document relating to the custody and transportation of prisoners held for any cause in criminal proceedings in any county within the city, heretofore applicable to any sheriff of any of the counties within the city, shall apply to the department of correction.
§ 7-601 Register; bond.
§ 7-602 Bond of deputies, assistants, clerks and other subordinate employees.
The register shall require from any deputy, assistant, clerk, employee or other subordinate a bond in such sum and with such sureties as may be approved by him or her and the comptroller, which bond shall run to the register, the city and to whom it may concern, and shall be conditioned for the faithful performance of his or her duty. Each such bond shall be filed with the comptroller.
§ 7-603 Seal.
The register is authorized to adopt a seal.
§ 7-604 Register; accounting for fees.
§ 7-605 Statement of account to comptroller.
A statement of such account, to be made in such form as shall be prescribed by the comptroller, shall be transmitted by the register for each calendar month, within ten days from the expiration thereof, to the comptroller, which shall be verified by the oath of the register, and which shall show all fees which the register or the register’s subordinates or assistants shall be entitled to demand and receive from any person for any service rendered in their official capacity, by virtue of any law since making the last preceding return.
§ 7-606 Penalty for neglect to account.
The register or any subordinate who shall receive to their own use or neglect to account for any fees, declared to belong to and be for the benefit of the city, or who shall neglect to render to such comptroller an account of the fees accruing to the register’s office, or to pay over the same as required herein, shall be deemed guilty of a misdemeanor, and punishable with a fine of not less than five hundred dollars nor exceeding five thousand dollars, or imprisonment for a period of not less than three months nor exceeding one year, or both, at the discretion of the court before whom such officer may be convicted, and in addition shall forfeit any sum that may be due to him or her on account of his or her salary and shall be liable to the city in a civil action for all moneys so received and not accounted for and paid over into the treasury of the city pursuant to the requirements of this chapter.
§ 7-607 Real estate instruments to be recorded.
Every instrument affecting real estate or chattels real, situated in the counties within the city, shall be indexed pursuant to the provisions of this chapter.
§ 7-608 Microfilmed instruments; how indexed.
If recording is done by microphotography or other photographic processes, the words liber and page when used in this chapter shall be construed to mean the serial number of microfilmed instruments.
§ 7-614 Fees.
The register, and the county clerk of the county of Richmond when acting as recording officer, are entitled, for services specified in this section, to the following fees, to be paid in advance:
§ 7-615 Corrections to be without erasures.
No entry in any book or index in the register’s office or the office of the clerk of the county of Richmond shall be erased so as to be illegible, but in case of any correction the same shall be made without destroying the original entry by drawing a line through such original entry, and in all such cases the date of such correction attested by the signature of such register or county clerk or his or her assistant shall be entered upon the same page on which such correction is made, on the margin opposite such correction. Such correction shall only be made upon the production to the register or county clerk of the original instrument, or, when it is impossible to produce the original instrument, the register or the county clerk, however, may make any correction of the records in his or her office where it is obvious or apparent that an error has been made in recording or indexing any instrument.
§ 7-616 Miscellaneous instruments.
The provisions of this chapter shall not apply to the indexing of general assignments, wills and powers of attorney. Such instruments shall be filed or recorded as now required by law, and when recorded such general assignments, wills and powers of attorney shall be indexed in separate alphabetical indices.
§ 7-617 Searches.
§ 7-618 Chattel mortgages, etc., and renewals thereof to be indorsed.
When a chattel mortgage or a conditional bill of sale or other instrument affecting chattels is presented for filing in the office of the register, it must be indorsed on the outside thereof with the names of the parties thereto, the amount of indebtedness and the location of the property affected by such instrument. Every renewal of any such instrument must, in addition to the aforesaid indorsements, be stamped or marked “renewal,” and contain in the body thereof a reference to the serial number and the date of filing of the chattel mortgage or other instrument which it is desired to be continued for a further period, and the serial number and the date of filing of the latest previous renewal thereof, if any.
§ 7-619 Destroying obsolete documents and records.
The register is authorized to destroy any or all chattel mortgages, chattel mortgage indices, certificates of stockholders’ consent to the execution of mortgages of chattels, bills of sale, conditional bills of sale affecting real property or other filed instruments affecting chattels, on file in the register’s office after the expiration of five years from the date of filing, and any daily index or tickler more than two years old and which has been replaced by permanent block and alphabetical indices as provided for in this chapter, and all surplus copies of land maps of any of the counties of the city more than ten years old, which have not been disposed of by sale or otherwise.
§ 7-620 Preserving and copying records.
Whenever by reason of age, exposure or any casualty, any public records, maps or papers in the custody of the register shall become mutilated, obliterated or rendered unfit for public service, it shall be the duty of the register to cause copies thereof to be made and certified for public use, and such copies when so made shall for all purposes take the place of the original records.
§ 7-621 Construction and application of this chapter.
This chapter shall not be construed to repeal or modify the provisions of the real property law in relation to the recording of instruments, and of registering titles to real property; nor of the lien law respecting chattel mortgages; nor of the personal property law in relation to contracts for the conditional sale of goods and chattels; nor of the tax law regarding the taxation of mortgages.
§ 7-622 Indices to be public records.
Upon the completion of the indexing and reindexing directed by this chapter as to any instruments or liens herein mentioned, the same shall be deposited in the same office in which the respective instruments or liens are required to be kept, or such other place as shall be provided for them, for public use, and the same shall thereupon be public records.
§ 7-623 Business hours.
§ 7-624 Construction clause.
Any law, rule, regulation, contract, or other document which refers or is applicable to the register, register of deeds or registrar of any of the counties within the city shall refer to the city register.
§ 7-625 Block indexing after July first, nineteen hundred sixty-four.
(1) Conveyance Block Index
1. Name of grantor
2. Name of grantee
3. Date of recording
4. Liber and page
5. Lot number and remarks; and
(2) Mortgage Block Index
1. Name of mortgagor
2. Name of mortgagee
3. Date of recording
4. Liber and page
5. Lot number and remarks
6. Date of recording and liber and page of certificate of discharge
1. Names of parties
2. Block number
3. Serial number
4. Liber and page
§ 7-626 Block indexing after July first, nineteen hundred eighty-one in Richmond county.
(1) Conveyance Block Index
1. Name of grantor
2. Name of grantee
3. Date of recording
4. Liber and page
5. Lot number and remarks; and
(2) Mortgage Block Index
1. Name of mortgagor
2. Name of mortgagee
3. Date of recording
4. Liber and page
5. Lot number and remarks
6. Date of recording and liber and page of certificate of discharge
1. Names of parties
2. Block number
3. Serial number
4. Liber and page
§ 7-627 Alphabetical indices.
Notwithstanding the provisions of any general, special or local law, the register may adopt a form of consolidated alphabetical index book for any one or all of the counties of New York, Bronx, Kings and Queens, in which shall be entered the names of the parties to conveyances and mortgages.
§ 7-628 Notification of recording of real estate instruments.
Deed-related document. The term “deed-related document” includes, but is not limited to, a deed, air rights, condemnation proceeding agreement, condominium declaration, confirmatory deed, contract of sale, correction deed, court order, in rem deed, judgment, life estate deed, memorandum of contract, power of attorney, real estate investment trust deed, revocation of power of attorney, sundry agreement, unit assignment and any other document that may be designated as deed-related by the commissioner of finance.
Department. The term “department” means the department of finance.
Interested party. The term “interested party” means the property owner, the property owner’s agent or attorney or designee, the property lienor, the property lienor’s agent or attorney, the executor or administrator of the estate of the owner or lienor of the property, the agent or attorney of the executor or administrator of the estate of the owner or lienor of the property and any other individual that may be designated by the commissioner of finance.
Mortgage-related document. The term “mortgage-related document” includes, but is not limited to, a mortgage, collateral mortgage, mortgage and consolidation, mortgage spreader agreement, satisfaction of mortgage, subordination of mortgage, sundry mortgage, UCC-1 (financing statement), and any other document that may be designated as mortgage-related by the commissioner of finance.
(1) total number of individuals registered to receive notifications through the system required by subdivision b of this section, disaggregated by the type of interested party;
(2) total number of individuals registered to receive notifications for multiple properties;
(3) total number of properties for which an individual is registered to receive notifications;
(4) total number of individuals who opted out of receiving notifications;
(5) total number of individuals who contacted the department regarding an incorrect or suspected fraudulent document recording, disaggregated by the source of information that led to such contact; and
(6) total number of referrals made by the city register or office of the Richmond county clerk to the city sheriff related to suspected fraudulent document recording, the outcomes of such referrals, and whether an investigation was commenced by the sheriff.
Subchapter 1: [Public Nuisance Defined]
§ 7-701 Legislative declaration.
The council of the city of New York finds that public nuisances exist in the city in flagrant violation of the building code, zoning resolution, health laws, multiple dwelling law, penal laws regulating prostitution and related conduct, licensing laws, laws relating to the sale and consumption of alcoholic beverages, laws relating to gambling, controlled substances and dangerous drugs and penal laws relating to the possession of stolen property, all of which interfere with the quality of life, property values and the public health, safety, and welfare; the council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety, and welfare of the people of the city and of the businesses thereof and visitors thereto. It is the purpose of the council to create one standardized procedure for securing legal and equitable remedies relating to the subject matter encompassed by this law, without prejudice to the use of procedures available under existing and subsequently enacted laws, and to strengthen existing laws on the subject.
§ 7-702 Short Title.
This chapter shall be known as the “nuisance abatement law”.
§ 7-703 Public nuisance defined.
The following are declared to be public nuisances:
§ 7-704 Remedies.
(a) The corporation counsel shall bring and maintain a civil proceeding in the name of the city in the supreme court of the county in which the building, erection or place is located to permanently enjoin the public nuisances, defined in subdivisions (a), (d), (e), (f), (g), (h), (k), (l), (m), (n), and (r) of section 7-703, in the manner provided in subchapter two of this chapter.
Subchapter 2: [Remedies For Public Nuisances Generally; Permanent Injunction]
§ 7-705 Applicability.
This subchapter shall be applicable to the public nuisances defined in subdivisions (a), (d), (e), (f), (g), (h), (k), (l), (m), (n) and (r) of section 7-703.
§ 7-706 Action for permanent injunction.
(a) Generally. Upon the direction of the mayor, or at the request of the head of a department or agency of the city, or at the request of a district attorney of any county within the city, or at the request of a member of the city council with respect to the public nuisances defined in subdivisions (a), (g), and (h) of section 7-703, or upon his or her own initiative, the corporation counsel may bring and maintain a civil proceeding in the name of the city in the supreme court to permanently enjoin a public nuisance within the scope of this subchapter, and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. The corporation counsel shall ensure that records sealed pursuant to the criminal procedure law are not used in any action filed pursuant to this section. The owner, lessor and lessee of a building, erection or place wherein the public nuisance as being conducted, maintained or permitted shall be made defendants in the action. The venue of such action shall be in the county where the public nuisance is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this subchapter.
1. Defendants, other than the building, erection or place wherein the public nuisance is being conducted, maintained or permitted, shall be served with the summons as provided in the civil practice law and rules.
2. Defendants who are natural persons and reside in the building, erection or place wherein the public nuisance is being conducted, maintained or permitted shall be served either by personal service upon a natural person as provided in the civil practice law and rules or pursuant to court order. No more than 15 days prior to such service, the corporation counsel shall verify the ongoing occupancy of any natural person who is a tenant of record and alleged to have caused or permitted the public nuisance in the building, erection or place wherein the public nuisance is alleged to have been conducted, maintained or permitted.
§ 7-707 Preliminary injunction.
(a) Generally. Pending an action for a permanent injunction as provided for in section 7-706 of this subchapter, the court may grant a preliminary injunction enjoining a public nuisance within the scope of this subchapter and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance, where the public health, safety or welfare immediately requires the granting of such injunction. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after the entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to a permanent injunction within three business days after the conclusion of the trial. A temporary closing order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this subchapter is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary closing order. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this subchapter is being conducted, maintained or permitted.
§ 7-708 Motion papers for preliminary injunction.
The corporation counsel shall show, by affidavit and such other evidence as may be submitted, that there is a cause of action for a permanent injunction abating a public nuisance within the scope of this subchapter; provided that, for an allegation of any public nuisance defined in subdivision (g) of section 7-703 for a violation of article 220 or 221 of the penal law, such other evidence shall include laboratory reports or similar objective indicia of the presence of a controlled substance or marihuana.
§ 7-709 Temporary closing order.
(a) Generally. If, on a motion for a preliminary injunction pursuant to section 7-707 alleging a public nuisance as defined in subdivision (a) or (d) of section 7-703, or a public nuisance as defined in subdivision (e) of section 7-703 in a building, erection or place used for commercial purposes in which there is a significant risk of imminent physical harm to a natural person or persons, the corporation counsel shall show by clear and convincing evidence that such public nuisance is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, erection or place wherein such public nuisance is being conducted, maintained or permitted may be granted without notice, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order; a decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
§ 7-710 Temporary restraining order.
(a) Generally. If, on a motion for a preliminary injunction pursuant to section 7-707 alleging a public nuisance as defined in subdivision (a), (d), or (k) of section 7-703, or a public nuisance as defined in subdivision (e) of section 7-703 in a building, erection or place used for commercial purposes in which there is a significant risk of imminent physical harm to a natural person or persons, or a public nuisance as defined in subdivision (h) of section 7-703 in a building, erection or place operating without a license or with a license permitting the sale of liquor under the alcoholic beverage control law, the corporation counsel shall show by clear and convincing evidence that such public nuisance is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary restraining order, such temporary restraining order may be granted without notice restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting such public nuisance and from further conducting, maintaining or permitting such public nuisance, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order; a decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
§ 7-711 Temporary closing order; temporary restraining order.
(a) Generally. If on a motion for a preliminary injunction, the corporation counsel submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders.
§ 7-712 Temporary closing order; temporary restraining order; defendant’s remedies.
(a) A temporary closing order or a temporary restraining order shall be vacated, upon notice to the corporation counsel, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance within the scope of this subchapter has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the city to inspect the building, erection or place which is the subject of an action pursuant to this chapter, periodically without notice, during the pendency of the action for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of or resistance to an inspection provision of an order vacating a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than five hundred dollars or by imprisonment not exceeding six months, or by both. The police department shall, upon the request of the agency involved or upon the direction of the mayor, assist in the enforcement of an inspection provision of an order vacating a temporary closing order or temporary restraining order.
§ 7-713 Temporary receiver.
(a) Appointment, duration and removal. In any action wherein the complaint alleges that the nuisance is being conducted or maintained in the residential portions of any building or structure or portion thereof which are occupied in whole or in part as the home, residence or sleeping place of one or more human beings, the court may, upon motion on notice by the plaintiff, appoint a temporary receiver to manage and operate the property during the pendency of the action in lieu of a temporary closing order. A temporary receivership shall not continue after final judgment unless otherwise directed by the court. Upon the motion of any party, including the temporary receiver, or on its own initiative, the appointing court may remove a temporary receiver at any time.
§ 7-714 Permanent injunction.
(a) A judgment awarding a permanent injunction pursuant to this subchapter may direct the sheriff to seize and remove from the building, erection or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the sheriff of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the civil practice law and rules. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the city.
Subchapter 3: Remedies For Promotion of Obscene Material; Seizure and Civil Penalty [Repealed]
§ 7-715 Applicability. [Repealed]
*§ 7-716 Action for civil penalty. [Repealed]* ::
§ 7-717 Preliminary injunction. [Repealed]
*§ 7-718 Motion papers for preliminary injunction. [Repealed]* ::
§ 7-719 Temporary restraining order. [Repealed]
*§ 7-720 Vacating a temporary injunction or a temporary restraining order. [Repealed]* ::
§ 7-721 Judgment. [Repealed]
*§ 7-722 Chapter not exclusive remedy. [Repealed]* ::
Subchapter 4: Authorized Dispositions and Orders
§ 7-723 Limitations on exclusions of natural persons.
No disposition reached or order issued pursuant to an action brought under this chapter in relation to a public nuisance may exclude any natural person from any property for more than one year, unless the corporation counsel can demonstrate through clear and convincing evidence that unique circumstances exist such that a greater period of exclusion is required to abate the applicable public nuisance. In no case shall such period of exclusion exceed three years.
§ 7-724 Judicial review.
The purpose of a disposition reached pursuant to an action bought under this chapter shall be to deter the public nuisance alleged in the action from recurring either at the building, erection or place cited in the action or at any other location under the legal control of a defendant named in the action, and not to deter generally such nuisance from occurring elsewhere. A disposition reached pursuant to an action brought under this chapter shall not be final unless it is so ordered by the court. Nothing in this section shall be construed to prohibit a disposition from including terms or conditions routinely included in stipulations or orders resolving civil litigation.
§ 7-725 Business owner awareness.
No disposition reached or order issued pursuant to an action brought under this chapter shall permit the closure of any business where the owner or proprietor of such business was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. An owner or proprietor’s physical absence from a business shall not alone establish that such owner or proprietor was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.
§ 7-726 Property rights and awareness.
No disposition reached or order issued pursuant to an action brought under this chapter shall deprive any natural person of any property right to which such person is otherwise entitled where such person was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. A person’s physical absence from a building, erection or place in which such nuisance has occurred shall not alone establish that such person was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.
§ 7-727 Limitations on applicability.
Nothing in this subchapter shall be construed to relieve an owner of a building from responsibilities pursuant to section 28-301.1 of chapter 3 of title 28 of the code.
§ 7-728 Conflicting proceedings.
Any action for a permanent injunction brought under this chapter against a natural person shall be dismissed if legal proceedings based on the same or substantially similar factual allegations have been conducted or are being conducted in New York city civil court or by the New York city housing authority, unless the city has a unique and compelling interest that is substantially different from that of the plaintiff in the other legal proceeding. Such interest shall not include the speed with which such case could be resolved. For the purposes of this section, the term “substantially similar factual allegations” shall not be construed to include conduct or actions that occurred subsequent to the allegations included in the relevant legal proceedings conducted in New York city civil court or by the New York city housing authority.
§ 7-729 Duplicate fines for public nuisances involving alcohol.
To the extent practicable, fines imposed or expected to be imposed by the state liquor authority shall be taken into consideration in evaluating whether a disposition reached in an action brought under this chapter poses an excess burden on the defendant, pursuant to section 7-724.
§ 7-730 Willful and flagrant alcohol-related violations.
No disposition reached or order issued pursuant to an action brought under this chapter solely in relation to a public nuisance as defined in subdivision (h) of section 7-703 may require the closure of any business that has a license to sell beer and wine but does not have a license to sell liquor unless the corporation counsel can demonstrate through clear and convincing evidence a willful and flagrant violation of the alcohol beverage control law.
§ 7-901 Compensation.
The public administrators of the counties within the city shall receive as compensation ninety percent of the amount paid to the judges of the surrogate’s court of the counties within the city.
§ 7-801 Short title.
This chapter shall be known as the “New York city false claims act.”
§ 7-802 Definitions.
For purposes of this chapter, the following terms shall mean:
§ 7-803 False claims.
1. knowingly presents, or causes to be presented, to any city officer or employee, a false claim for payment or approval by the city;
2. knowingly makes, uses, or causes to be made or used, a false record or statement to get a false claim paid or approved by the city;
3. conspires to defraud the city by getting a false claim allowed or paid by the city;
4. has possession, custody, or control of property or money used, or to be used, directly or indirectly, by the city and, intending to defraud the city or willfully conceal the property or money, delivers, or causes to be delivered, less property or money than the amount for which the person receives a certificate or receipt;
5. is authorized to make or deliver a document certifying receipt of property used, or to be used, directly or indirectly, by the city and, intending to defraud the city, makes or delivers the receipt without completely knowing that the information on the receipt is true;
6. knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the city knowing that such officer or employee lawfully may not sell or pledge the property; or
7. knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease, directly or indirectly, an obligation to pay or transmit money or property to the city; shall be liable to the city for three times the amount of damages which the city sustains because of the act or acts of such person, and a civil penalty of between five thousand and fifteen thousand dollars for each violation of this section, except that any party to a civil enforcement action commenced may request the court to assess, and the court may agree to so assess, not more than two times the amount of damages sustained because of the act or acts of such person if all of the following circumstances are found:
(i) The person committing the violation of section 7-803 of this chapter had furnished all information known to such person about such act or acts to (a) the commissioner of investigation or (b) the corporation counsel or a city agency head, who shall refer such information to the commissioner of investigation, and has furnished such information within thirty days of the date on which such person first obtained the information;
(ii) such person fully cooperated with any government investigation of such violation; and
(iii) at the time such person furnished information about the violation, no criminal or civil action or proceeding, or administrative action had commenced with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation.
§ 7-804 Civil actions for false claims.
1. Any person may submit a proposed civil complaint to the city alleging violations of section 7-803. Proposed civil complaints shall be signed and verified and shall include all material evidence and information possessed by such person in support of the allegations in such proposed civil complaints. The city shall diligently investigate all such proposed civil complaints. The city may request such additional information as it deems necessary from the person submitting a proposed civil complaint.
2. The corporation counsel and the commissioner of investigation shall promulgate rules establishing a protocol detailing the procedures by which the city will address proposed civil complaints after they have been submitted, which protocol shall include the requirement that within one hundred eighty days of receipt of a proposed civil complaint, the city shall, in writing, notify the person who submitted the proposed civil complaint that the corporation counsel:
(i) intends to commence a civil enforcement action based on the facts alleged in the proposed civil complaint against one or more of the defendants named in the proposed civil complaint, in which case he or she shall commence such action within ninety days of such notification, provided that if the corporation counsel determines that a delay in commencing such action is warranted, he or she may delay such commencement, upon notice to the person who submitted the proposed civil complaint, for an additional ninety days at which time he or she shall commence such action;
(ii) designates the person or, if the person is not an attorney, the attorney of such person, as a special assistant corporation counsel for purposes of filing a civil enforcement action against one or more of the defendants named in the proposed civil complaint; or
(iii) declines to commence a civil enforcement action or designate such person to commence a civil enforcement action in which case the corporation counsel shall state in the notification its reason for doing so.
3. The corporation counsel shall commence a civil enforcement action or designate the person who submitted the proposed civil complaint or, if the person is not an attorney, his or her attorney, to commence a civil enforcement action unless:
(i) the proposed civil complaint is barred for the reasons set forth in subdivision d of this section;
(ii) the corporation counsel has determined that the proposed civil complaint is based upon an interpretation of law or regulation which if adopted, would result in significant cost to the city;
(iii) the corporation counsel has determined that commencing a civil enforcement action would interfere with a contractual relationship between the city and an entity providing goods or services which would significantly interfere with the provision of important goods or services, or would jeopardize the health and safety of the public; or
(iv) the corporation counsel has determined that the complaint, if filed in a court of competent jurisdiction, would be dismissed for failure to state a claim upon which relief may be based.
1. based upon one or more false claims with a cumulative value of less than twenty five thousand dollars;
2. based upon allegations or transactions which are the subject of any pending criminal or civil action or proceeding, including a civil enforcement action, or an administrative action in which the city is already a party;
3. if substantially the same allegations or transactions as alleged in the proposed complaint were publicly disclosed
(i) in a criminal, civil or administrative hearing;
(ii) in a legislative or administrative report, hearing, audit or investigation; or
(iii) by the news media and likely to be seen by the city officials responsible for addressing false claims; unless the person who submitted the proposed complaint is an original source of the information. The corporation counsel may, in his or her absolute discretion, waive the application of this paragraph.
4. based upon information discovered by an employee of the city, state or federal government in the course of his or her employment unless: (i) such employee first reported such information to the department of investigation; and (ii) the city failed to act on the information within six months of its receipt by the department of investigation; or
5. against the federal government, the state of New York, the city or any officer or employee acting within the scope of his or her employment.
1. No person, other than the corporation counsel, may intervene or bring a related action based upon the facts underlying a civil enforcement action, unless such other person has first obtained the permission of the corporation counsel to intervene or to bring such related action.
2. Regardless of whether the corporation counsel has commenced a civil enforcement action or another party has been designated to do so, the city may elect to pursue any alternate action with respect to the presentation of false claims, provided that the person who submitted the proposed civil complaint upon which such alternate action is based, if any, shall be entitled to the same percentage share of any cash proceeds recovered by the city as such person would have been entitled to if such alternate action was a civil enforcement action.
1. If the corporation counsel elects to commence a civil enforcement action, then the city shall have the sole authority for prosecuting, and, subject to the approval of the comptroller, settling the action and may move to dismiss the action, or may settle the action notwithstanding the objections of the person who submitted the proposed civil complaint upon which such civil enforcement action is based.
2. If a person who submitted a proposed complaint or his or her attorney has been designated to commence a civil enforcement action, then the corporation counsel and such authorized person or attorney shall share authority for prosecuting the case. However, the corporation counsel may move to dismiss the action notwithstanding the objection of the person who submitted the proposed civil complaint provided such person has been served with an appropriate motion and the court has provided such person with an opportunity to be heard. The corporation counsel may also, subject to the approval of the comptroller, settle the action notwithstanding the objection of the person who submitted the proposed civil complaint if the court determines after providing such person with an opportunity to be heard, that the proposed settlement is fair, adequate, and reasonable.
3. The corporation counsel may apply to the court for and the court may issue an order restricting the participation of a person designated to commence a civil enforcement action in such litigation notwithstanding the objections of such person if the court determines, after providing such person an opportunity to be heard, that such person’s unrestricted participation during the course of the litigation would interfere with or unduly delay the prosecution of the case, or would be repetitious or irrelevant, or upon a showing by the defendant that such person’s unrestricted participation during the course of the litigation would be for purposes of harassment or would cause the defendant undue burden. Such restrictions may include, but need not be limited to:
(i) limiting the number of witnesses such person may call,
(ii) limiting the length of the testimony of such witnesses,
(iii) limiting such person’s cross-examination of witnesses, or
(iv) otherwise limiting such person’s participation in the litigation.
4. The corporation counsel may apply to the court for a stay of any civil enforcement action if it will interfere with any investigation or prosecution of a criminal matter arising out of the same facts.
1. If the corporation counsel has elected to commence a civil enforcement action based on a proposed civil complaint, then the person or persons who submitted such proposed civil complaint collectively shall be entitled to receive between fifteen and twenty-five percent of the proceeds recovered in such civil enforcement action or in settlement of such action. Where the court finds that the action was based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil or administrative hearing, in a legislative or administrative report, hearing, audit or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person or persons who submitted the proposed civil complaint in advancing the case to litigation.
2. If a person, or such person’s attorney has been designated to commence a civil enforcement action based on such person’s proposed civil complaint, then such person shall be entitled to receive between twenty-five and thirty percent of the proceeds recovered in such civil enforcement action or in settlement of such action.
3. The court shall determine the share of the proceeds to which a person submitting a proposed complaint is entitled, and may take into account the following factors:
(i) the extent to which the person who submitted the proposed civil complaint contributed to the prosecution of the action, either in time, effort or finances;
(ii) whether the civil enforcement action was based primarily on information provided by the person who submitted the proposed civil complaint, rather than information derived from public sources such as allegations or transactions in a criminal, civil or administrative hearing, in a legislative or administrative report, hearing, audit or investigation, or from the news media;
(iii) any unreasonable delay by such person in submitting the proposed civil complaint;
(iv) the extent to which the allegations involve a significant safety issue;
(v) whether the person who submitted the proposed civil complaint that formed the basis of the civil enforcement action initiated the violation of section 7-803 of this chapter alleged in such action, in which case the percentage share of the proceeds of the action that such person would otherwise receive under this section may be reduced below the minimum percentages set forth in paragraphs one and two of this subdivision, taking into account the role of such person in advancing the case to litigation and any relevant circumstances including those pertaining to the violation;
(vi) whether the person who submitted the proposed civil complaint that formed the basis of the civil enforcement action has been charged with criminal conduct arising from his or her role in the alleged violation of section 7-803 of this chapter, in which case such person shall not receive any share of the proceeds of the action if convicted on such charges; and
(vii) fundamental fairness and any other factors the corporation counsel and the court deem appropriate.
1. In any civil enforcement action commenced pursuant to this chapter, the corporation counsel, or a person designated to commence such civil enforcement action, if applicable, may apply for an amount of reasonable expenses, plus reasonable attorneys’ fees, plus costs. Costs and expenses shall include costs incurred by the department of investigation in investigating the false claim and prosecuting conduct relating thereto. All such expenses, attorneys’ fees and costs shall be awarded directly against the defendant and shall not be charged from the proceeds, but shall only be awarded if the city prevails in the action.
2. In a civil enforcement action commenced by a designated person or such person’s attorney the defendant may apply for an amount of reasonable expenses, plus reasonable attorneys’ fees, plus costs and the court may award such expenses, attorneys’ fees and costs if it determines that such civil enforcement action was frivolous. All such expenses, attorneys’ fees and costs shall be awarded directly against the person or person’s attorney that commenced the action.
§ 7-805 Remedies of employees.
(2) any officer or employee of the city or state of New York, who believes that he or she has been the subject of a retaliatory action, as defined by section seventy-five-b of the civil service law; or
(3) any non-public employee who believes that he or she has been the subject of a retaliatory action by his or her employer, as defined by section seven hundred forty of the labor law because of lawful acts of such employee in furtherance of a civil enforcement action brought under this section, including the investigation, initiation, testimony, or assistance in connection with, a civil enforcement action commenced or to be commenced under this section, shall be entitled to all relief necessary to make the employee whole. Such relief shall include but not be limited to:
(i) an injunction to restrain continued discrimination,
(ii) reinstatement to the position such employee would have had but for the discrimination or to an equivalent position,
(iii) reinstatement of full fringe benefits and seniority rights,
(iv) payment of two times back pay, plus interest, and
(v) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.
§ 7-806 Limitation of actions; burden of proof.
§ 7-807 Other law enforcement authority and duties.
This chapter shall not be construed as:
§ 7-808 Annual report.
Not later than March first of each year following the year of enactment, the corporation counsel shall transmit to the mayor and the speaker of the council a report setting forth, with respect to the prior calendar year, the following information:
(i) whether the case was based on a proposed civil complaint; and
(ii) the monetary value of the award or settlement in each action commenced by the person who submitted a proposed civil complaint to the city; and
(iii) the monetary value of any award or settlement in each action commenced by the city.
§ 7-809 Comptroller.
Nothing in the local law that added this chapter is intended to modify, supersede or in any way diminish the powers granted to the comptroller pursuant to section ninety-three of the charter to settle and adjust all claims for the city.
§ 7-810 Regulations.
The corporation counsel and the commissioner of investigation shall promulgate such rules as are necessary to effectuate the purposes of this chapter.