|Part 1||General Provisions|
|Part 2||Formation and Construction of Lease Contract|
|Part 3||Effect of Lease Contract|
|Part 4||Performance of Lease Contract: Repudiated, Substituted and Excused|
Terms Used In New York Laws > Uniform Commercial Code > Article 2-A - Leases
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See N.Y. Labor Law 860-A
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Amortization: Paying off a loan by regular installments.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: shall mean the New York state occupational safety and health hazard abatement board created pursuant to the provisions of section twenty-seven-a of this chapter. See N.Y. Labor Law 885
- Board: means the New York state board on electric generation siting and the environment, which shall be in the department and consist of seven persons: the chair of the department, who shall serve as chair of the board; the commissioner of environmental conservation; the commissioner of health; the chair of the New York state energy research and development authority; the commissioner of economic development and two ad hoc public members, both of whom shall reside within the municipality in which the facility is proposed to be located, except if such facility is proposed to be located within the city of New York, then all ad hoc members shall reside within the community district in which the facility is proposed to be located. See N.Y. Public Service Law 160
- Cable television company: shall mean any person owning, controlling, operating, managing or leasing one or more cable television systems within the state. See N.Y. Public Service Law 212
- Cable television system: shall mean any system which operates for hire the service of receiving and amplifying programs broadcast by one or more television or radio stations or any other programs originated by a cable television company or by any other party, and distributing such programs by wire, cable, microwave or other means, whether such means are owned or leased, to persons in one or more municipalities who subscribe to such service. See N.Y. Public Service Law 212
- Certificate: means a certificate of environmental compatibility and public need authorizing the construction of a major electric generating facility issued by the board pursuant to this article. See N.Y. Public Service Law 160
- Commercial goods transportation contractor: includes a general commercial goods transportation contractor or a commercial goods transportation subcontractor. See N.Y. Labor Law 862-A
- Commercial unit: means such a unit of goods as by commercial
usage is a single whole for purposes of lease and division of
which materially impairs its character or value on the market
or in use. See N.Y. Uniform Commercial Code 2-A-103
- Commissioner: means the commissioner of labor. See N.Y. Labor Law 861-B
- Commissioner: means the commissioner of labor. See N.Y. Labor Law 862-A
- 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.
- Consumer lease: means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a
lessee who is an individual and who takes under the lease
primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103
- Contractor: includes a general contractor and a subcontractor. See N.Y. Labor Law 861-B
- Department: means the department of labor. See N.Y. Labor Law 861-B
- Department: means the department of labor. See N.Y. Labor Law 862-A
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Downgrade: shall mean a change in service initiated by the subscriber to a less expensive service tier than the one currently subscribed to. See N.Y. Public Service Law 212
- Employer: means any business enterprise that employs fifty or more employees, excluding part-time employees, or fifty or more employees that work in the aggregate at least two thousand hours per week. See N.Y. Labor Law 860-A
- Employer: means any contractor that employs individuals deemed employees under this article. See N.Y. Labor Law 861-B
- Employer: means any commercial goods transportation contractor which compensates a person classified as an employee under section eight hundred sixty-two-b of this article. See N.Y. Labor Law 862-A
- Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. Labor Law 875
- Employment loss: means :
(a) an employment termination, other than a discharge for cause, voluntary departure, or retirement;
(b) a mass layoff exceeding six months;
(c) a reduction in hours of work of more than fifty percent during each month of any consecutive six-month period. See N.Y. Labor Law 860-A
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Fault: means wrongful act, omission, breach, or default. See N.Y. Uniform Commercial Code 2-A-103
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Finance lease: means a lease with respect to which: (i) the
lessor does not select, manufacture, or supply the goods;
(ii) the lessor acquires the goods or the right to possession
and use of the goods in connection with the lease; and (iii)
one of the following occurs: (A) the lessee receives a copy
of the contract by which the lessor acquired the goods or the
right to possession and use of the goods before signing the
lease contract; (B) the lessee's approval of the contract by
which the lessor acquired the goods or the right to
possession and use of the goods is a condition to
effectiveness of the lease contract; (C) the lessee, before
signing the lease contract, receives an accurate and complete
statement designating the promises and warranties, and any
disclaimers of warranties, limitations or modifications of
remedies, or liquidated damages, including those of any third
party, such as the manufacturer of the goods, provided to the
lessor by the person supplying the goods in connection with
or as part of the contract by which the lessor acquired the
goods or the right to possession and use of the goods; or (D)
if the lease is not a consumer lease, the lessor, before the
lessee signs the lease contract, informs the lessee in
writing (a) of the identity of the person supplying the goods
to the lessor, unless the lessee has selected that person and
directed the lessor to acquire the goods or the right to
possession and use of the goods from that person, (b) that
the lessee is entitled under this Article to the promises and
warranties, including those of any third party, provided to
the lessor by the person supplying the goods in connection
with or as part of the contract by which the lessor acquired
the goods or the right to possession and use of the goods,
and (c) that the lessee may communicate with the person
supplying the goods to the lessor and receive an accurate and
complete statement of those promises and warranties,
including any disclaimers and limitations of them or of
remedies. See N.Y. Uniform Commercial Code 2-A-103
- 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Franchise: shall mean and include any authorization granted by a municipality in terms of a franchise, privilege, permit, license or other municipal authorization to construct, operate, maintain, or manage a cable television system in any municipality. See N.Y. Public Service Law 212
- Fraud: Intentional deception resulting in injury to another.
- fund: shall mean the training and education program on occupational safety and health fund created pursuant to the provisons of section ninety-seven-c of the state finance law. See N.Y. Labor Law 885
- Goods: means all things that are movable at the time of
identification to the lease contract, or are fixtures
(Section 2-A-309), but the term does not include money,
documents, instruments, accounts, chattel paper, general
intangibles, or minerals or the like, including oil and gas,
before extraction. See N.Y. Uniform Commercial Code 2-A-103
- Installment lease contract: means a lease contract that
authorizes or requires the delivery of goods in separate lots
to be separately accepted, even though the lease contract
contains a clause "each delivery is a separate lease" or its
equivalent. See N.Y. Uniform Commercial Code 2-A-103
- Lease: means a transfer of the right to possession and use
of goods for a term in return for consideration, but a sale,
including a sale on approval or a sale or return, or
retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103
- Lease agreement: means the bargain, with respect to the
lease, of the lessor and the lessee in fact as found in their
language or by implication from other circumstances including
course of dealing or usage of trade or course of performance
as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103
- Lease contract: means the total legal obligation that
results from the lease agreement as affected by this Article
and any other applicable rules of law. See N.Y. Uniform Commercial Code 2-A-103
- Leasehold interest: means the interest of the lessor or the
lessee under a lease contract. See N.Y. Uniform Commercial Code 2-A-103
- Lessee: means a person who acquires the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
- Lessor: means a person who transfers the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: means a charge against or interest in goods to secure
payment of a debt or performance of an obligation, but the
term does not include a security interest. See N.Y. Uniform Commercial Code 2-A-103
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local parties: shall mean persons residing in a community who may be affected by the proposed major electric generating facility who individually or collectively seek intervenor funding pursuant to sections one hundred sixty-three and one hundred sixty-four of this article. See N.Y. Public Service Law 160
- Lot: means a parcel or a single article that is the subject
matter of a separate lease or delivery, whether or not it is
sufficient to perform the lease contract. See N.Y. Uniform Commercial Code 2-A-103
- Major electric generating facility: means an electric generating facility with a nameplate generating capacity of twenty-five thousand kilowatts or more, including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under article seven of this chapter. See N.Y. Public Service Law 160
- Mass layoff: means a reduction in force which:
(a) is not the result of a plant closing; and
(b) results in an employment loss at a single site of employment during any thirty-day period for:
(i) at least thirty-three percent of the employees (excluding part-time employees); and
(ii) at least twenty-five employees (excluding part-time employees); or
(iii) at least two hundred fifty employees (excluding part-time employees). See N.Y. Labor Law 860-A
- Merchant lessee: means a lessee that is a merchant with
respect to goods of the kind subject to the lease. See N.Y. Uniform Commercial Code 2-A-103
- Minority leader: See Floor Leaders
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Municipality: means a county, city, town or village located in this state. See N.Y. Public Service Law 160
- Municipality: shall mean any village, town, city or county not wholly contained within a city in the state. See N.Y. Public Service Law 212
- Nameplate: means a manufacturer's designation, generally as affixed to the generator unit, which states the total output of such generating facility as originally designed according to the manufacturer's original design specifications. See N.Y. Public Service Law 160
- Network: shall mean a group of programs distributed, packaged, promoted or sold to subscribers as the offering of a single entity, including but not limited to, a channel or station. See N.Y. Public Service Law 212
- Network change: shall mean the removal of a network from a service tier whether or not added to another tier or a substantial alteration of the character of a network by a cable television company
or an affiliate it controls. See N.Y. Public Service Law 212
- Person: shall mean any individual, trustee, partnership, association, corporation or other legal entity. See N.Y. Public Service Law 212
- Personal property: All property that is not real property.
- Plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any thirty-day period for twenty-five or more employees (other than part-time employees). See N.Y. Labor Law 860-A
- Present value: means the amount as of a date certain of one
or more sums payable in the future, discounted to the date
certain. See N.Y. Uniform Commercial Code 2-A-103
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- program: shall mean the training and education program on occupational safety and health created pursuant to the provisions of section eight hundred eighty-six of this article. See N.Y. Labor Law 885
- Program: shall mean any broadcast type program, signal, message, graphics, data, or communication content service. See N.Y. Public Service Law 212
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public information coordinator: means an office created within the department which shall assist and advise interested parties and members of the public in participating in the siting and certification of major electric generating facilities. See N.Y. Public Service Law 160
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Purchase: includes taking by sale, lease, mortgage, security
interest, pledge, gift, or any other voluntary transaction
creating an interest in goods. See N.Y. Uniform Commercial Code 2-A-103
- Quorum: The number of legislators that must be present to do business.
- racing: as used in this article , shall be construed to mean only horse racing in which the horses participating are harnessed to a sulky, carriage, or similar vehicle, and shall not include any form of horse racing in which the horses participating are mounted by a jockey. See N.Y. Racing, Pari-Mutuel Wagering and Breeding Law 301
- Relocation: means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location fifty miles or more away. See N.Y. Labor Law 860-A
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Representative: means an exclusive representative within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U. See N.Y. Labor Law 860-A
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Service tier: shall mean a category of cable television services or other services provided by a cable television company and for which a rate or fee is charged by the cable television company, including, but not limited to, basic services, premium networks or services, recurring pay-per-view services and other categories of cable services for which there are additional charges. See N.Y. Public Service Law 212
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Significant programming change: shall mean the removal or alteration of recurring programming which materially changes the quality or level of programming on a network, provided however, such term shall not include deletions of programs mandated by the regulations of the federal communications commission, nor shall it include deletions of programs that are distributed by the cable television company in lieu of such programs deleted pursuant to such regulations of the federal communications commission. See N.Y. Public Service Law 212
- State agency: shall mean any office, department, board, commission,
bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Public Service Law 212
- Sublease: means a lease of goods the right to possession and
use of which was acquired by the lessor as a lessee under an
existing lease. See N.Y. Uniform Commercial Code 2-A-103
- Supplier: means a person from whom a lessor buys or leases
goods to be leased under a finance lease. See N.Y. Uniform Commercial Code 2-A-103
- Supply contract: means a contract under which a lessor buys
or leases goods to be leased. See N.Y. Uniform Commercial Code 2-A-103
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Toxic substance: means any substance which is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. Labor Law 875
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. Labor Law 875