Terms Used In New York Laws > Uniform Commercial Code > Article 3 > Part 1 - Short Title, Form and Interpretation

• Accessibility lift: means elevators or conveyances that are intended for transportation of persons with disabilities, such as platform lifts and stairway chairlifts, including equipment covered by the provisions of ASME (American Society of Mechanical Engineers) A18. See N.Y. Labor Law 951
• Accessibility lift work: means elevator and conveyance work that is restricted to accessibility lifts. See N.Y. Labor Law 951
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alteration: means any change to any conveyance or component other than maintenance, repair, or replacement, but shall not include the professional services of engineering or architecture as defined in sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the New York state elevator safety and standards advisory board established by section nine hundred fifty-six of this article. See N.Y. Labor Law 951
• Business: means any corporation, or instrumentality of a corporation, self-employed person, company, unincorporated association, firm, partnership, limited liability company, corporation, or any other entity, or any owner or operator of any of the foregoing entities. See N.Y. Labor Law 951
• Business license: means a license that authorizes the holder to engage in the business of elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
• Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Labor Law 916
• Commissioner: means the commissioner of the department of labor. See N.Y. Labor Law 930
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means the act or process of constructing any conveyance, and includes vertically constructing or connecting any conveyance or part or system thereof. See N.Y. Labor Law 951
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of labor. See N.Y. Labor Law 930
• Design: means the act or process of planning the repair, alteration, or construction of any conveyance, but shall not include the professional services of engineering or architecture as defined in sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951
• Elevator: means a hoisting and lowering mechanism, equipped with a car, that moves within guides and serves two or more landings. See N.Y. Labor Law 951
• Elevator and conveyance inspections: means performing the inspection or any related testing of any elevator or conveyance, but does not include government regulatory inspections performed by an authority having jurisdiction to enforce any applicable building codes and any elevator codes. See N.Y. Labor Law 951
• Elevator and conveyance work: means performing activities that include the design, construction, installation, testing, maintenance, alteration, service, and repair of any elevator or conveyance. See N.Y. Labor Law 951
• Elevator contractor: means any business that engages in elevator and conveyance work. See N.Y. Labor Law 951
• Elevator inspection contractor: means any business that performs elevator and conveyance inspections. See N.Y. Labor Law 951
• Elevator inspector: means any person who performs elevator and conveyance inspections, whether individually or through an elevator inspection contractor or public employer. See N.Y. Labor Law 951
• Elevator mechanic: means any person who performs elevator and conveyance work. See N.Y. Labor Law 951
• Elevator or conveyance: means any equipment identified in paragraphs (a) through (d) of subdivision one of section nine hundred fifty of this article, including any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, non-residential stairway chairlifts and automated people movers. See N.Y. Labor Law 951
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See N.Y. Labor Law 951
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fraud: Intentional deception resulting in injury to another.
• Inspection: means a critical examination, observation, or evaluation of quality and code compliance of any conveyance. See N.Y. Labor Law 951
• Installation: means to place or fix any conveyance or component in position for operation. See N.Y. Labor Law 951
• Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
• Issue: means the first delivery of an instrument to a holder
  
  or a remitter. See N.Y. Uniform Commercial Code 3-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a credential duly issued by the commissioner authorizing the holder to engage a business or an occupation whose scope includes accessibility lift work, or elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
• Maintenance: means a process of routine examination, lubrication, cleaning, and adjustment of any conveyance or components for the purpose of ensuring performance in accordance with any applicable code requirements. See N.Y. Labor Law 951
• Mold: means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. See N.Y. Labor Law 930
• Mold abatement: means the act of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by an individual. See N.Y. Labor Law 930
• Mold assessment: means an inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indicia of conditions that are likely to facilitate mold, or any combination thereof. See N.Y. Labor Law 930
• Mold remediation: means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. See N.Y. Labor Law 930
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupational license: means a license that authorizes the holder to engage in accessibility lift work, or elevator and conveyance work or elevator and conveyance inspections. See N.Y. Labor Law 951
• order: is a direction to pay and must be more than an
  
  authorization or request. See N.Y. Uniform Commercial Code 3-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, an association, a company, a firm, a partnership, a corporation, or any other form of legally recognized entity. See N.Y. Labor Law 916
• Person: means any natural person. See N.Y. Labor Law 951
• Personnel and material hoists: means rack and pinion hoists, alimaks, and machines of a similar nature used for the hoisting of construction material, equipment and personnel, or the removal of debris, all during the construction, renovation, and/or demolition phase of any construction project whether an inside or outside hoist. See N.Y. Labor Law 951
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Private residence: means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single family unit. See N.Y. Labor Law 951
• Professional employer agreement: means a written contract whereby:
  
  (a) A professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client;
  
  (b) The contract is intended to be on-going rather than temporary in nature;
  
  (c) Employer responsibilities for worksite employees, including those of hiring, firing and disciplining, are expressly allocated by and between the professional employer organization and the client in the agreement; and
  
  (d) The professional employer organization expressly assumes the rights and responsibilities as required in section nine hundred twenty-two of this article. See N.Y. Labor Law 916
• Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Labor Law 916
• Project: means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement. See N.Y. Labor Law 930
• promise: is a n undertaking to pay and must be more than an
  
  acknowledgment of an obligation. See N.Y. Uniform Commercial Code 3-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Repair: means reconditioning or renewal of any elevator or conveyance or component necessary to keep such equipment in compliance with applicable code requirements. See N.Y. Labor Law 951
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Successor: means an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Labor Law 951
• Temporary help firm: means a business which recruits and hires its own employees, and assigns those employees to perform work at or services for other organizations, to support or supplement the other organization's workforce, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects. See N.Y. Labor Law 916
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Testing: means a process or trial of operation of any conveyance. See N.Y. Labor Law 951
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Labor Law 916