See page 24. “A nondomiciliary who commences an action in New York, even if he or she is not otherwise subject to personal jurisdiction in New York, submits himself or herself to personal jurisdiction in any separate action brought against him or her by any party to the pending action.”

See page 24. “With respect to in personam jurisdiction, New York recognizes five potential bases: presence, consent, domicile, doing business (subject to constitutional limits) and “long-arm jurisdiction.”

See page 24. “Jurisdiction over persons, property and status is divided into three categories: in personam, in rem and quasi in rem.”

See page 101. “In a civil case, evidence of good character may be admitted only after a person's good character has been directly called into question by evidence of bad character.”

See page 104. “CPLR 4517 (a) (1) expressly provides that the prior trial testimony of a witness may be used by any party to contradict or impeach that witness if the witness testifies in a subsequent civil action involving the same parties and subject matter.”

See page 102. “Evidence of habit of a person or routine practice of an organization may be admitted in a civil action to establish that a person or organization acted in conformity with that habit on a particular occasion.”

See page 110. “Statements contained in a business record which were made by third parties not within the same business as the maker of the record are not admissible unless permitted under some other exception to the hearsay rule.”

See page 108–09. “A witness may not refuse to testify on the ground that the testimony might expose the witness to civil liability. A witness is, however, entitled to avoid testifying to self-incriminating facts. The objection may be raised only to specific questions that the witness believes would require incriminating answers.”

See page 101. “Whenever evidence of a person's character is admissible, proof thereof generally may only be by testimony as to his or her general reputation in the community. The individual opinion of a witness who knows the defendant personally and has firsthand knowledge of his or her character is inadmissible. . . . In some civil or criminal proceedings, character evidence may be admissible where that character is an essential element of a crime, charge, claim or defense, in which case the relevant character may be proved by reputation testimony and by proof of specific acts.”

See page 102. “In both civil and criminal proceedings, 7 evidence of a defendant's prior uncharged crimes is inadmissible to prove the defendant's propensity to commit the charged crime or act in issue, but may be admitted under certain circumstances where the probative value of the proof outweighs its possible prejudicial effect. Evidence of uncharged but similar acts is therefore admissible to establish, for example: • Motive, • Intent, • Absence of mistake or accident, • Identity, • Common scheme or plan • Opportunity, • Preparation • Conduct inextricably interwoven with the charged acts, • Necessary background information or explanation, or • A complete narrative of the subject event or matter.”

See page 103. “Both Family Court Act   343.1 (2) and CPL 60.20 (2) establish a rebuttable presumption that a child less than nine years old is incapable of giving testimony under oath.”

In a civil proceeding impeachment is limited to crimes, i.e., felonies or misdemeanors, and the crime can be proven by the record of conviction whether or not the witness denies it.

See page 107. “The privilege will not attach to communications made by the spouses in the known presence of outsiders (People v Ressler, 1 7 NY2d 174 [ 1966]). The spousal privilege for confidential communications applies in all civil and criminal proceedings.”

See page 110. “In New York, a ‘marginal time lag’ is allowed between the event and the description by the declarant.”

See page 103. “CPLR 4512 provides that one spouse is competent to give testimony against the other spouse. Thus, under New York law, a witness-spouse is not excluded or excused from giving testimony about matters that might be damaging to the party-spouse; however, spouses are entitled to invoke a privilege for confidential communications in any type of proceeding.”

See page 105. “The credibility of a witness may be impeached on cross-examination by asking about prior specific criminal, vicious or immoral conduct of the witness, but only if: • The nature of the conduct or the circumstances in which it occurred bears logically and reasonably on credibility, • The question has a good faith basis, • The question does not relate to a charged crime for which the witness was acquitted, and • In a criminal case, if the witness is the defendant, any question about the prior conduct was authorized by the court prior to trial. For other witnesses in a criminal case, such prior authorization by the court is not required, but a party may seek an advance ruling addressed to the court's discretion regarding the permissible scope of cross-examination with respect to the prior conduct.”

See page 107. “Communications made in the presence of other third parties, whose presence is known to the client, are not privileged. For the privilege to apply, communications must be made for the purpose of providing legal advice or services in the course of a professional relationship.”

See page 112. “CPLR 4517 (a) (3) establishes a hearsay exception for testimony by a witness given at a prior trial involving the same parties and arising from the same subject matter, provided the court finds that: • The witness is not available because of death, age, sickness, infirmity or imprisonment; • The witness is more than 100 miles from the place of trial, or out of state, unless the absence was procured by the party offering the testimony; • Attendance cannot be procured despite diligent efforts of the party offering the testimony; or • Exceptional circumstances exist making its use desirable.”

See page 111. “Details as to how a particular injury occurred that are not useful for purposes of medical diagnosis or treatment are generally not considered to have been recorded in the regular course of a hospital’s business.”

See page 9. “Determinations of fact made after a formal adjudicatory hearing where evidence is taken must be made on the record as a whole and be supported by substantial evidence.”

See page 9. “Substantial evidence means such relevant proof as a reasonable mind may accept as adequate to support a conclusion.”

See page 9. “The standard of review is whether an agency's decision is supported by a rational basis (Id.) or was affected by an error of law or was arbitrary and capricious or an abuse of discretion.”

See page 10. “Every ‘agency’ ( defined very broadly as ‘any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof, except the judiciary or the state legislature’)(Public Officers Law § 86) must make available for public inspection and copying all records, except those records or portions thereof that fall within certain enumerated exceptions. Access to governmental records under FOIL does not depend on the purpose for which the records are sought.”

See page 8. “If a constitutional claim hinges on factual issues, the necessary record must be established at the administrative level. And if the underlying statute provides an exclusive administrative remedy, the futility and irreparable injury exceptions do not apply.”

See page 6. “A party to an administrative proceeding must be afforded the due process protections of the Fourteenth Amendment and the New York State Constitution, i.e., a short and plain statement of the matters asserted, an opportunity for a hearing within a reasonable time, reasonable notice of such hearing, and an opportunity to present written argument on issues of law and evidence on issues of fact.”

See page 10. “The permitted topics include matters which will imperil the public safety if disclosed; matters involving law enforcement and criminal investigations which would imperil effective law enforcement if disclosed; discussions regarding proposed, pending or current litigation; collective negotiations with employees; the medical, financial, or employment history of individuals or matters leading to their appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal; the preparation, grading, or administration of exams; and the proposed sale or lease of real property or the proposed sale or acquisition of securities when publicity would substantially affect the value of such property.”

See page 8. “Unless a shorter time is provided in the law authorizing the proceeding, a proceeding against a body or officer must be commenced within four months after the determination to review becomes final and binding upon the petitioner.”

See page 9. “If the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent, there is little basis to rely on any special competence or expertise of the administrative agency, and its interpretive regulations are therefore to be accorded much less weight.”

See page 8. “Article 78 of the CPLR provides the judicial proceeding and procedure used to challenge agency determinations.”

See page 10. “Administrative disciplinary penalties may be set aside only if such punishment constitutes an abuse of discretion.”

See page 9. “Although specific findings of fact are beyond judicial review, whether an administrative agency determination is supported by substantial evidence is a question of law.”

See page 9. “Judicial review of administrative actions pursuant to Article 78 is limited to questions of law.”

See page 8. “Actions for declaratory judgment under CPLR 3001 may be used to challenge agency actions that are not reviewable under Article 78, including challenges to agency rulemakings.”

See page 9. “An agency’s discretionary acts and policy decisions may be set aside only if there is no rational basis for the exercise of discretion and the act complained of is arbitrary and capricious.”

See page 10. “Minutes must be taken at all open meetings (including executive sessions), must include all matters voted upon, and must be made available to the public under FOIL.”

See page 8. “A party must attempt to obtain whatever administrative relief might be available before proceeding to the courts. This includes utilizing procedures for both administrative hearings and internal administrative appeals. The major exceptions are agency actions that are challenged as either unconstitutional or wholly beyond the agency's grant of power or when resort to an administrative remedy would be futile or its pursuit would cause irreparable injury.”

See page 10. “An executive session may be called only by a motion on majority vote of the public body in public session, and the motion must identify the general topics to be discussed in the executive session.”

See page 8. “A determination that is interlocutory in nature may be reviewable if there are extraordinary circumstances.”

See page 9. “If the regulation runs counter to the clear wording of a statutory provision, it should not be accorded any weight.”

See page 9. “In reviewing agency determinations involving findings of fact made without a formal adjudicatory hearing being required by statute or law, the court must determine whether there is a rational basis for the determination or if it was arbitrary and capricious.”

See page 9. “New York administrative agencies are entitled to deference in matters of statutory interpretation of legislation governing the agency and in issuing decisions within the agency’s own special expertise.”

See page 5. “The NYCRR is a published compilation of the rules and regulations of all state agencies.”

See page 9. “Once the court determines a rational basis exists for an agency's determination, its review is ended.”

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See page 155. “Security deposits in residential leases cannot exceed one month's rent.”

See page 151. “A lease for a period longer than one year is void unless in writing subscribed by the party to be charged or his or her lawful agent (GOL 5-703). A lease for a period of one year or less may be oral.

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See page 153. “Every written or oral lease for residential property is deemed to contain a warranty of habitability.”

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See page 153–54. “A landlord seeking to terminate a residential tenancy or to increase the rent 5% or more must notify the tenant as follows: If the tenant has occupied the premises ( or has a lease term) less than one year, the landlord must give at least 30 days' notice.”

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See page 156. “If either legal title or possession of the property has been transferred, the buyer bears the loss.”

See page 152. “A landlord of a residential premises cannot refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord-tenant action or summary proceeding by a prior landlord to recover possession of leased premises.”

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See page 161. “New York is a race-notice jurisdiction whereby an unrecorded conveyance is invalid against a subsequent good faith purchaser for value who first records.”

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See page 155. “If a rental is in a building containing six or more family dwelling units, the landlord must deposit the security in an interest-bearing account.”

See page 152. “There is a rebuttable presumption that a landlord is acting in retaliation if the landlord attempts to evict a tenant within one year after the tenant makes a complaint or brings an action for retaliation.”

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See page 158. “After the sale there is no right to redeem.”

See page 152. “The landlord must keep a record of cash receipts for three years.”

See page 151. “A landlord may not refuse to rent or discriminate in the terms of any rental on the ground that the tenant has a child or children, but this prohibition does not apply to: • housing units for senior citizens subsidized, insured, or guaranteed by the federal government; or • one or two-family owner-occupied dwelling houses or manufactured homes; or • manufactured home parks intended and operated for occupancy by persons 50-55 years of age or older.”

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See page 152. “Unless a greater right to assign is conferred by the lease, a tenant may not assign a residential lease without consent of the landlord, which consent may be unconditionally withheld without cause, but a landlord who unreasonably withholds consent must release the tenant from the lease if the tenant so requests upon 30 days' notice. But if the residential lease is in a dwelling having four or more residential units, a tenant has a right to sublease, upon complying with notice provisions contained in the statute, subject to written consent of the landlord, which consent may not be unreasonably withheld.”