================================================================
New York State
REAL PROPERTY LAW (RPL)
Laws 1909, Chap. 52
ARTICLE 9-A
SUBDIVIDED LANDS
Section 337. Definitions.
337a. Provisions governing sale or lease
of subdivided lands.
337b. Offering statement; contents;
prohibitions.
337c. Right to cancel.
338. Inspection power of department of
state; unlawful practices; penalties.
339. Filing fees.
339a. Rules and regulations.
339b. Powers of department.
339c. Action by department of state.
================================================================
Sec. 337. Definitions. As used in this article:
1. The words "subdivided lands" and "subdivision" mean vacant
land or lands sold or leased on the installment plan or
offered for sale or lease on such plan and also vacant land
or lands situated outside the state of New York and sold or
leased or offered for sale or lease on the installment plan
or upon any and all other plans, terms and conditions of
sale or lease.
2. The word "subdivider" shall include every person,
partnership, corporation, company or association who or
which engages directly or through an agent in the business
of selling, leasing or offering for sale or lease subdivided
lands and subdivisions to the public in this state.
3. The words "installment plan" mean any plan, arrangement or
agreement pursuant to the terms, covenants and conditions
whereof the proposed purchaser of vacant land or lands to be
acquired amortizes the purchase price by periodic payments
and whereby the conveyance of title to the purchaser of such
vacant land or lands is deferred until such time as all said
periodic payments have been made and shall also include the
provision in a plan, arrangement or agreement or lease
requiring a consideration from the lessee in addition to the
periodic payments as a condition precedent to the conveyance
of title to the lessee.
4. The words "a lease of land or lands on the installment plan"
mean and include a plan, arrangement or agreement whereunder
the periodic payments made are designated as rent and upon
the completion of such payments the lessee is entitled to a
conveyance of title to the vacant land or lands leased.
5. The words "fraudulent practice" or "fraudulent practices"
mean any device, scheme or artifice employed by a subdivider
to defraud or obtain money or property by means of any false
pretense, representation or promise, or that a subdivider
makes or attempts to make fictitious or pretended purchases,
sales or leases of vacant land or lands to the public in
this state, or engages in or is about to engage in any
practice or transaction or course of business relating to
the purchase, sale or lease of vacant land or lands which is
fraudulent or in violation of law and which has operated or
which would operate as a fraud upon the purchaser, or that
any owner or subdivider as hereinbefore defined has sold or
offered for sale or is attempting to sell or is offering for
sale any vacant land or lands in violation of the provisions
of this article.
Sec. 337-a. Provisions governing sale or lease of subdivided
lands.
No subdivider shall sell, lease, or offer for sale or lease to
the public within this state, as principal, broker or agent or
otherwise, subdivided vacant lands or any part thereof, unless
and until such subdivider shall have caused to be filed in the
department of state (a) an offering statement containing the
information and data required by section three hundred thirty-
seven-b of this article, (b) such data and information as the
department may require as provided in section three hundred
thirty-nine-b of this article and (c) a statement subscribed by
the subdivider and affirmed by him as true under the penalties of
perjury, containing:
1. The name of such owner and subdivider,
2. The address of the principal office of such owner and
subdivider, wherever situated, and the address or addresses
of the principal office and all branch offices of the owner
and subdivider within this state, if any,
3. The name of the person, partnership, company, corporation or
association who or which acquired a legal or equitable title
to the land or lands for sale or lease and who or which will
subdivide vacant land or lands offered for sale or lease for
the purpose of offering such subdivided vacant lands or any
part thereof to the general public,
4. If such owner and subdivider be an individual or
individuals, a statement of their respective connections
during the preceding five years with any person,
partnership, corporation, company or association engaged in
the business of selling or leasing subdivided vacant lands,
and the description of the last project or projects in
subdivided vacant lands, the whole or any part of which have
been sold or offered for sale or lease by such owner and
subdivider,
5. If such owner and subdivider be a partnership, the names,
residence and business addresses of the partners, including
special or limited partners, and of all other individuals
participating as principals in the profits of such business,
specifying as to each the nature of his relation to such
business and giving with respect to each all of the
information required by subdivision four of this section to
be given by an owner and subdivider who is an individual,
6. If such owner and subdivider be other than an individual or
partnership, the name of the state or country where
incorporated or organized, and the names, residence and
business addresses of its principal officers, wherever
located, and of its officers and branch managers in this
state, specifying as to each the nature of his relation to
such business, and giving with respect to each all of the
information required by subdivision four of this section to
be given by an owner and subdivider who is an individual,
7. A statement as to whether such owner and subdivider, or, if
such owner and subdivider be other than an individual,
whether any partner, principal, officer, director or branch
manager thereof, has been convicted by a court of competent
jurisdiction in any state or country of any criminal offense
in connection with any transaction involving the sale or
offer for sale of subdivided lands, or has been enjoined or
restrained by order of any court of competent jurisdiction
from selling or offering for sale subdivided vacant lands in
any state or country, or continuing any practices in
connection therewith,
8. The complete description of the land offered for subdivision
or any part thereof by lots, plots, blocks or sites, with or
without streets, together with maps certified to by a duly
licensed land surveyor accompanied by a certificate attached
thereto showing the date of the completion of the survey and
of the making of the map and the name of the subdivision for
the purpose of identification of the subdivided lands or any
part thereof. Where subdivisions were surveyed and mapped
prior to March first, nineteen hundred thirty-six, a
certified copy of the map covering the property, on file in
the office of the clerk of the county wherein the property
is located, shall be deemed compliance with the provisions
herein.
9. A search of the title to the land, accompanied by a
certificate either of an attorney and counselor at law duly
licensed to practice in the state of New York, or a
certificate from a duly incorporated title search company or
the certificate of an attorney and counselor at law duly
licensed to practice in the state wherein the lands are
situated reciting in detail all of the liens, encumbrances
and clouds upon the title to such land, and which defects of
title, if any, render the title to such land unmarketable.
10. The provisions, covenants, terms and conditions upon which
it is the intention of the owner and subdivider to sell or
lease such subdivided land accompanied by proposed forms of
contracts contemplated for execution and delivery upon the
consummation of sales or leases,
11. Such other and further data and information as the
department of state may, in its discretion, demand to be
executed upon forms prescribed by it for filing pursuant to
the provisions of this article.
Sec. 337-b. Offering statement; contents; prohibitions.
1. Contents. The offering statement shall contain (a) the
names, addresses, business background of the subdivider, and
if such subdivider is a partnership or corporation, the
names, addresses and business background of each of the
partners, officers and principal stockholders, the nature of
their fiduciary relationship and their financial
relationship, past, present and future, to the subdivider;
(b) a duly certified financial statement of the assets and
liabilities of the subdivider, as of a date not more than
three months prior to the date of the filing, in such detail
as the department may require; (c) a description of the
subdivision and each unit or lot into which it has or will
be divided, in such detail as the department may require;
(d) the material terms of any encumbrances, liens and
restrictions upon the subdivision and each such unit or lot;
(e) data and information concerning improvements, including
streets, water supply and sewerage disposal facilities, in
existence on the subdivision, and the estimated cost, date
of completion and responsibility for construction of
improvements to be made which are referred to in connection
with the sale or lease or offering for sale or lease of the
subdivision or any unit or lot thereon; (f) each of the
terms and conditions under which each such unit or lot is
offered for sale; and (g) such additional data and
information as the department may require as being necessary
or appropriate in the public interest or for the protection
of purchasers or lessees.
2. There may be omitted from any offering statement any of the
information required under subdivision one of this section
which the department may by rules and regulations designate
as not being necessary or appropriate in the public interest
or for the protection of purchasers.
3. Limitations. No offer to sell or lease subdivided lands by
means of advertisements in periodicals or newspapers, or on
television or radio, or by motion picture or otherwise shall
be made unless a copy of such advertisement has first been
filed with the department. A filing fee, which in no case
shall exceed twenty-five dollars, of five dollars for each
page of periodical, newspaper or radio advertisement and of
twenty-five dollars for each item of television, motion
picture or other advertising matter, shall accompany each
such copy thereof. All such advertisements shall contain
reference to the fact that an offering statement has been
filed with the department and that a copy of such statement
is available, upon request, from the subdivider.
4. Except as provided in subdivision three of this section, no
offer of sale or lease of subdivided lands shall be made
unless such offer is accompanied by a copy of the current
offering statement filed pursuant to this article.
5. The first page of the offering statement and the face of all
advertising and literature employed in the sale or lease or
offer for sale or lease of subdivided lands shall contain a
statement in easily readable print, that the filing of the
verified statement and offering statement with the
department of state does not constitute approval of the sale
or lease or offer for sale or lease by the department of
state or any officer thereof, or that the department of
state has in any way passed upon the merits of such
offering.
6. No sale or lease of subdivided lands shall be made unless
accompanied or preceded by the delivery to the prospective
purchaser of an offering statement complying with the
provisions of this section.
7. No change or amendment of an offering statement shall be
made unless a copy of such change or amendment has first
been filed with the department.
8. The subdivider, within thirty days after the anniversary
date of the filing of an offering statement, shall file with
the department of state a new current and up-to-date
offering statement setting forth therein all changes which
have taken place during the preceding year with respect to
any and all data and information required to be set forth in
such offering statement. Only a current offering statement
shall be used to sell or lease or offer to sell or lease any
of the subdivided lands.
Sec. 337-c. Right to cancel.
Whenever a contract of sale or lease of subdivided lands is
entered into, or an offer to purchase or lease such land is made
by the purchaser, lessee or offerer delivering the executed
agreement or offer personally to the subdivider or any officer,
director, employee or agent thereof, at the subdivision, or at a
meeting or gathering of any type arranged by the subdivider, or
any officer, director, employee or agent thereof, within or
without the state, and the purchaser, lessee or offerer is not
represented in such transaction by an attorney, the purchaser,
lessee or offerer, in addition to any other rights, shall have
the right to cancel the agreement, offer, or any agreement
effected by the acceptance of such offer within ten days of such
delivery, by giving the subdivider notice of cancellation at the
address listed in the offering statement filed by the subdivider,
by registered or certified mail return receipt requested. Within
ten days of receipt of such a notice of cancellation the
subdivider shall return to the purchaser, lessee or offerer all
consideration paid or delivered on account of such contract of
sale or lease or offer. The subdivider shall deliver a copy of
this section to the purchaser, lessee or offerer at the time such
person shall personally deliver the executed agreement or offer.
Sec. 338. Inspection power of department of state; unlawful
practices; penalties.
1. The department of state may cause an investigation and an
inspection to be made of any subdivision of vacant land
proposed to be offered for sale or lease in this state
pursuant to this article and may make a report of its
findings thereon.
2. Where an inspection is to be made of subdivided lands,
situated outside of the state of New York and being offered
for sale in this state, the statement required by section
three hundred thirty-seven-a shall be accompanied by the
filing fee and in addition there shall be remitted to the
department of state an amount equivalent to the cost of
travel from New York to the location of the project and
return, as estimated by the department of state, and a
further amount estimated to be necessary to cover the
additional expenses of such inspection, not to exceed
fifteen dollars a day, for each day consumed in the
examination of the project.
3. It shall be unlawful for the subdivider or his or its agent,
to change the financial structure of such offering after the
submission thereof to the department of state without first
notifying the department in writing of such intention.
4. Where the vacant lands to be subdivided shall be subject to
a lien or encumbrance securing or evidencing the payment of
money other than taxes or assessments levied by public
authority, or where the interest of the owner and subdivider
or his or its agent be held under option or contract of
purchase or in trust, it shall be unlawful to sell any
vacant land in such subdivision unless provision in such
lien, encumbrance, option, contract or trust agreement, or
in an agreement supplementary thereto, enables the vendor to
convey valid title to each parcel so sold or leased free of
such lien, encumbrance, option, contract or trust agreement,
upon completion of all payments and performance of all the
terms and conditions required to be made and performed by
the vendee under the agreement of sale. Where the
consideration price for the lot or lots sold has been
amortized to an extent that the balance due and owing
thereunder equals in an amount required to release such lot
or lots from any existing lien, encumbrance, tax,
assessment, option contract or first agreement, and the
initial cost for said vacant land has not been paid for by
the owner or subdivider, that in such event all moneys
thereafter received by the owner or subdivider from the
purchaser of said lot or lots shall be segregated and kept
in a separate account and be impressed with a trust which
shall be applied towards the clearance of title to the
vacant land thereafter intended to be conveyed to the
purchaser. After default shall have occurred in the payment
of any tax or assessment levied and assessed against the
premises or after default shall have occurred under and
pursuant to the terms of any contract, mortgage lien, charge
or encumbrance, all moneys received by the owner or
subdivider from the purchaser of said lot or lots shall be
segregated and kept in a separate account and be impressed
with a trust which shall be applied towards the clearance of
title to the vacant land thereafter intended to be conveyed
to the purchaser. Certified or verified copies of documents
containing such provisions shall be filed with the
department of state prior to the sale or lease or offer of
sale or lease of any part of the subdivision.
5. (a) Every person, officer, director, agent or employee
of a company, partnership, association or corporation
who or which knowingly offers to sell or to lease, or
sells or leases subdivided lands prior to the filing of
the offering statement and the verified statement
required by this article shall be guilty of a felony.
(b) Except as provided in subdivision (a) hereof, every
person, officer, director, agent or employee of a
company, partnership, corporation, or association who
or which knowingly authorizes, directs or aids in the
publication, advertisement, distribution or circulation
of any device, scheme or artifice for obtaining money
or property by means of any false pretense,
representation or promise concerning any vacant land or
lands or subdivision thereof, offered for sale or
lease, and every person, officer, director, agent or
employee of a company, partnership, corporation or
association who or which shall have made or attempts to
make in the state fictitious or pretended purchases or
sales of vacant lands, or who, in any other respect,
wilfully violated or fails to comply with any of the
provisions of this article, or knowingly omits or
neglects to obey, observe or comply with any order,
permit, decision, demand or requirement of the
department of state under the provisions of this
article, is guilty of a misdemeanor and, if a licensee
under article twelve (a) of this chapter, the
department of state also may revoke or suspend his
license in the manner provided in such article. The
commission of a single act prohibited by this article
shall constitute a violation thereof. All courts of
special sessions, within their respective territorial
jurisdiction, are hereby empowered to hear, try, and
determine such violations without indictment, and to
impose the punishments prescribed by law therefor.
6. It shall be the duty of the attorney-general to prosecute
all violations of the provisions of this article; such
prosecutions may be instituted upon the written request or
demand of the department of state. In all criminal
proceedings, the attorney-general may appear in person or by
his deputy before any court of record or any grand jury and
exercise all the powers and perform all the duties in
respect of such actions or proceedings which the district
attorney would otherwise be authorized or required to
exercise or perform; or the attorney-general may in his
discretion transmit evidence, proof and information as to
such offense to the district attorney of the county or
counties in which the alleged violation has occurred, and
every district attorney to whom such evidence, proof and
information is so transmitted shall forthwith proceed to
prosecute any corporation, company, association, or officer,
manager or agent thereof, or any firm or person charged with
such violation. In any such proceeding, wherein the attorney
general has appeared either in person or by deputy, the
district attorney shall only exercise such powers and
perform such duties as are required of him by the attorney-
general or the deputy attorney-general so appearing. The
attorney-general shall, upon a conviction for a violation of
any provision of this article, and within ten days
thereafter, make and file with the department of state a
detailed report showing the date of such conviction, the
name of the person convicted and the exact nature of the
charge.
7. Any false statement contained in any statement or
supplemental statement filed with the department of state
pursuant to the requirements of this article, or in any
affidavit attached thereto, shall constitute a violation of
this article.
8. Any person, partnership, corporation, company or association
representing in any manner that the state, the department of
state, or any officer thereof has recommended or acquiesced
in the recommendation of the purchase of any subdivided
lands offered for sale or lease, in advertising or offering
such subdivided lands for sale or lease, shall be guilty of
a misdemeanor punishable by a fine of not more than one
thousand dollars, or imprisonment for not more than one year
or by both such fine and imprisonment.
Sec. 339. Filing fees.
Each filing made pursuant to section three hundred thirty-seven-a
of subdivided lands situated outside the state of New York shall
be accompanied by a filing fee of seven hundred fifty dollars
plus an additional fee of ten dollars for each lot to be offered
in excess of seventy-five lots.
Sec. 339-a. Rules and regulations.
The department of state shall have the power to adopt from time
to time or amend such rules and regulations as it may deem
necessary to carry out the provisions of this article.
Sec. 339-b. Powers of department.
The department of state may also require such other data and
information as it may deem relevant and may make such special and
independent investigations as it may deem necessary in connection
with the administration of this article. The department of state
by its examiner or other officer designated by it is empowered to
subpoena witnesses, compel their attendance, examine them under
oath before him or a magistrate, a court of record or a judge or
justice thereof and require the production of any books or papers
which he deems relevant or material to the inquiry. Such power of
subpoena and examination shall not abate or terminate by reason
of any action or proceeding brought by the department of state
under this article. The provisions for payment of witness fee
and/or mileage do not apply to any officer, director or person in
the employ of any person, partnership, corporation, company,
trust or association whose conduct or practices are being
investigated. A subpoena issued under this section shall be
regulated by the civil practice law and rules and, in addition,
if a person subpoenaed to attend such inquiry fails to obey the
command of a subpoena without reasonable cause, or if a person in
attendance upon such inquiry shall without reasonable cause
refuse to be sworn or to be examined or to answer a question or
to produce a book or paper when ordered so to do by the officer
conducting such inquiry, or if a person, partnership,
corporation, company, trust or association fails to perform any
act required hereunder to be performed, he shall be guilty of a
misdemeanor. It shall be the duty of all public officers, their
deputies, assistants, subordinates, clerks or employees and all
other persons to render and furnish to the department of state,
its examiner or other designated officer when requested all
information and assistance in their possession or within their
power. Any officer participating in such inquiry who shall
disclose to any person other than the secretary of state the name
of any witness examined or any other information obtained upon
such inquiry except as directed by the secretary of state shall
be guilty of a misdemeanor.
Sec. 339-c. Action by department of state.
1. Whenever the department of state shall believe from evidence
satisfactory to it that a subdivider has engaged in, is
engaged or is about to engage in any of the practices or
transactions heretofore referred to as fraudulent practices,
it may have an action brought in the manner hereinafter
provided in the name and on behalf of the people of the
state of New York against such subdivider and any other
person or persons theretofore concerned in or in any way
participating in or about to participate in such fraudulent
practices, to enjoin such subdivider and such other person
or persons from continuing such fraudulent practices or
engaging therein or doing any act or acts in furtherance
thereof or, if the department of state should believe from
such evidence that such subdivider has or is engaged in any
such fraudulent practice, it may have included in such
action an application to enjoin permanently such subdivider
and such other person or persons as may have been or may be
concerned with or in any way participating in such
fraudulent practice, from selling or offering for sale to
the public within this state, as principal, owner,
subdivider, broker or agent or otherwise, any vacant land or
lands. In said action an order or a judgment may be entered
awarding the relief applied for or so much thereof as the
court may deem proper. Upon a showing by the department of
state in the application brought in its behalf for a
preliminary injunction hereunder that the defendant named in
the action or an officer thereof has refused to be sworn or
to be examined or to answer a material question or to
produce a book or paper relevant to the inquiry when duly
ordered so to do by the officer or judge duly conducting an
inquiry into the subject matter forming the basis of the
application for such preliminary injunction, such refusal
shall be prima facie proof that such defendant is or has
been engaged in fraudulent practices as set forth in such
application and a preliminary injunction may issue from the
supreme court without any further showing by the department
of state.
2. If the vacant land or lands of a foreign corporation,
company, association or non-resident individual are offered
or advertised for sale within the state of New York and such
corporation, company, association or non-resident individual
has not filed pursuant to laws heretofore or hereafter
existing the designation of a person upon whom process
against him or it may be served or the designation of the
secretary of state as such person pursuant to section two
hundred ten of the general corporation law or other laws
heretofore or hereafter existing or in lieu thereof, an
instrument in writing duly acknowledged and filed in the
office of the secretary of state designating the secretary
of state as the person upon whom may be served any subpoena,
subpoena duces tecum or other process directed to such
foreign corporation, company, association or non-resident
individual and issued in any investigation, examination or
proceeding pending or about to be instituted under and
pursuant to the provisions of this article, a notice may be
served upon such foreign corporation, company or
association, or upon any non-resident officer thereof, or
upon a non-resident individual, by mailing the same in a
securely sealed postpaid wrapper addressed to such foreign
corporation, company or association, or officer thereof, or
non-resident individual, at its or his last known place of
business or residence, and may in such notice require that
such foreign corporation, company or association, or such
officer thereof, or non-resident individual, furnish a
written statement, verified as required in said notice,
giving the information therein specified relating to the
vacant land or lands offered or to be offered in the state
of New York by such foreign corporation, company,
association or non-resident individual or, in the
alternative, that such foreign corporation, company or
association, by its proper officer or officers, or such non-
resident individual, shall appear within a reasonable time
from the date of mailing such notice at a designated place
within this state for examination and shall produce at the
time and place of such examination such books and papers of
such foreign corporation, company, association or non-
resident individual, as may be designated in such notice.
If such foreign corporation, company, association, or such
officer thereof, or non-resident individual, shall fail to
furnish the statement called for by such notice, or shall
fail to appear pursuant thereto or to produce the books and
papers required thereby to be produced, or refuse to submit
to examination or to answer any proper question, the proof
of such failure or refusal shall constitute prima facie
evidence that the sale or offering for sale or advertisement
of vacant land or lands of such foreign corporation,
company, association or non-resident individual constitutes
a fraudulent practice within the meaning of this act and may
in the discretion of the court be treated as a sufficient
basis for a permanent injunction against the continuance of
such fraudulent practice.
3. In any action brought in behalf of the department of state
as provided in this article, the court at any stage of the
proceedings may appoint a receiver of any and all property
derived by the defendant or defendants or any of them by
means of any such fraudulent practices, including also all
property with which such property has been mingled if such
property can not be identified in kind because of such
commingling, together with any or all books of account and
papers relating to the same. The judgment entered in such
action may provide that such receiver shall take title to
any or all such property and books of account and papers
relating to the same and liquidate such property or any part
thereof for the benefit of all persons intervening in the
said action and establishing an interest in such property.
The judgment may also provide that all such property, the
title to or interest in which has not been established in
such action by intervenors or otherwise by due process to be
in a person or persons other than defendant or defendants,
shall be returned to the defendant or defendants as their
interest may appear. Such receiver shall be subject to all
the duties of receivers appointed in civil actions as far as
practicable except that such provisions relating to
commissions or compensation of receivers shall not be
applicable to receivers appointed pursuant to this Section,
but such commissions or compensation shall be fixed by the
court in any amount which it may determine to be just and
equitable. In any action brought in behalf of the department
of state as provided in this article the court may grant
such other and further relief as may be proper.
4. Whenever the department of state has determined to commence
an action under this article, it may have the attorney-
general present to any justice of the supreme court, before
beginning such action, an application in writing for an
order directing the person or persons mentioned in the
application to appear before the justice of the supreme
court or referee designated in such order and answer such
questions as may be put to them or to any of them, or to
produce such papers, documents and books concerning the
alleged fraudulent practices to which the action which the
department of state has determined to bring relates, and it
shall be the duty of the justice of the supreme court to
whom such application for the order is made to grant such
application. The application for such order may simply show
upon information and belief that the testimony of such
person or persons is material and necessary. The provisions
of the civil practice law and rules, relating to an
application for an order for the examination of witnesses
before the commencement of an action and the method of
proceeding on such examination shall not apply except as
herein prescribed. The order shall be granted by the justice
of the supreme court to whom the application has been made
with such preliminary injunction or stay as may appear to
such justice to be proper and expedient and shall specify
the time when and place where the witnesses are required to
appear. The justice or referee may adjourn such examination
from time to time and witnesses must attend accordingly. The
testimony of each witness must be subscribed by him and all
must be filed in the office of the clerk of the county in
which such order for examination is filed.
5. The order for such examination must be signed by the justice
making it and service of a copy thereof with an endorsement
by the department of state or the attorney-general, to the
effect that the person named therein is required to appear
and be examined at the time and place and before the justice
and referee specified in such endorsement, shall be
sufficient notice for the attendance of witnesses, such
endorsement may contain a clause requiring such person to
produce at such examination all books, papers and documents
in his possession or under his control relating to the
subject of such examination. The order shall be served upon
the person named in the endorsement aforesaid by showing him
the original order and delivering to and leaving with him at
the same time a copy thereof, endorsed as above provided,
and by paying or tendering to him the fee allowed by law to
witnesses subpoenaed to attend trials of civil actions in
any court of record in this state.
6. The referee appointed as provided in this article possesses
all the powers and is subject to all the duties of a referee
appointed in a civil action, so far as practicable, and may
punish for contempt a witness duly served with the papers as
prescribed in this article for non-attendance or refusal to
be sworn or to testify or to produce books, papers and
documents according to the direction of the endorsement
aforesaid, in the same manner and to the same extent as a
referee to hear, try and determine an issue of fact or of
law.
7. The provisions of the civil practice law and rules shall
apply to all actions brought under this article except as
herein otherwise provided.
8. If any person shall ask to be excused from testifying or
producing any book, paper or other document before the
department of state or the attorney-general or his deputy,
or other officer designated by it or him or before any
court, or magistrate, or referee, upon any trial,
investigation or proceeding initiated by the department of
state, the attorney-general, district attorney, grand jury
or court pursuant to the provisions of this article upon the
ground or for the reason that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or convict him of crime or to subject him to
a penalty or forfeiture, and shall notwithstanding be
directed by the court, referee, magistrate or officer
conducting the inquiry to testify or to produce such book,
paper or document, he must none the less comply with such
direction but in such event he shall not thereafter be
prosecuted or subjected to any penalty or forfeiture for or
on account of any transaction, matter or thing concerning
which he was ordered to testify or produce evidence,
documentary or otherwise, pursuant thereto and no testimony
so given or produced shall be received against him upon any
criminal action, suit or proceeding, investigation,
inquisition or inquiry.
Provided, however, no person so testifying shall be exempt
from prosecution or punishment for any perjury committed by
him in his testimony given as herein provided for, nor shall
immunity apply to corporations or to the officers as such.
================================================================
