State-Specific Legal Forms

New York quitclaim deeds are called 'bargain and sale deeds without covenant' and must be acknowledged (notarized) and recorded. New York imposes a real property transfer tax and, in New York City, an additional city transfer tax.

New York's General Obligations Law provides a specific statutory short form POA. The principal must sign and date the form before a notary. Effective June 2021, New York revised its statutory form to simplify language and prevent rejections by third parties.

New York does not recognize holographic wills (except for armed forces members). A valid will must be signed by the testator in the presence of two attesting witnesses. New York's elective share statute allows a surviving spouse to claim the greater of $50,000 or one-third of the net estate.

New York does not have a specific living will statute but recognizes living wills under common law. The Health Care Proxy Law allows appointment of a health care agent. The living will should be as specific as possible about treatment preferences to be effective.

New York is one of the few states that requires an LLC to adopt a written operating agreement within 90 days of filing the Articles of Organization. Additionally, LLCs must publish notice of formation in two newspapers for six consecutive weeks.

New York has strong tenant protection laws, especially in New York City where rent stabilization and rent control apply to many units. The Housing Stability and Tenant Protection Act of 2019 significantly expanded tenant rights statewide. Security deposits are limited to one month's rent.

New York eviction requires a 14-day demand for rent before filing a nonpayment proceeding, or appropriate notice before a holdover proceeding. Cases are heard in Housing Court (NYC) or City/Town/Village Court. ERAP protections may apply.

New York small claims court handles disputes up to $5,000 (NYC) or $3,000–$5,000 (other courts). The process is informal, and arbitration is offered as an alternative. Attorneys are permitted but not required.

New York allows no-fault divorce based on irretrievable breakdown for at least six months, as well as fault-based grounds. New York follows equitable distribution of marital property. The automatic orders provision freezes marital assets upon filing.

New York name changes are governed by Civil Rights Law § 60–65. The petition must be filed in Supreme Court or County Court. Publication of the name change order in a designated newspaper is generally required unless waived for safety reasons.

New York warranty deeds (often styled 'warranty deed with full covenants') are less common than bargain-and-sale deeds but provide stronger title protection. Deeds must be acknowledged before a notary and recorded in the county clerk's office (or, in NYC, the City Register / ACRIS). New York imposes a state transfer tax and, in NYC, an additional Real Property Transfer Tax (RPTT).

New York provides DMV Form MV-912 as a generic vehicle bill of sale. Sales tax is collected at the time of registration based on the higher of sale price or fair market value. Notarization is not required, but both parties should sign and retain copies.

New York requires premarital agreements to be in writing and acknowledged with the formality required to record a deed (signed before a notary using a deed-style acknowledgment). Courts will set aside agreements that are unconscionable or were procured through fraud, duress, or overreaching.

New York's Housing Stability and Tenant Protection Act of 2019 caps rental application/background fees at $20 statewide. Landlords must provide a copy of the background/credit report or accept one provided by the applicant within the past 30 days.

New York has no general pre-suit demand requirement, but a notice of claim is required for suits against public entities (90 days). Demand letters are commonly used to comply with notice provisions in contracts and to satisfy GBL § 349 / § 350 evidentiary needs in deceptive practices claims.

New York requires the Affidavit of Service to be filed within 20 days of service for personal jurisdiction to attach (under CPLR § 308 substitute service or 'nail and mail' methods). The affidavit must be sworn before a notary by the process server.

New York's civil usury cap is 16% per year; criminal usury kicks in at 25%. New York is among the strictest usury jurisdictions and applies to most loans under $250,000. Promissory notes are negotiable instruments under N.Y. UCC Article 3.

New York enforces NDAs but bars settlement-related NDAs that prevent disclosure of discrimination, harassment, or retaliation unless the complainant prefers confidentiality (with a 21-day consideration / 7-day revocation period). The Speak Out Act (2022) federalizes similar limits.

New York enforces non-competes only when reasonable in time and geographic scope, necessary to protect the employer's legitimate interests, not unduly burdensome on the employee, and not harmful to the public. Governor Hochul vetoed a near-total ban in 2023; broader restrictions remain a live legislative topic.

New York permits modification on (1) substantial change in circumstances, (2) 3 years since the order was last modified, OR (3) a change in either party's gross income by 15% or more. The Family Court or Supreme Court (matrimonial part) hears modifications.