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Legal Aspects of Doing Business in North America - 2nd Edition - Loose leaf
Legal Aspects of Doing Business in North America - 2nd Edition - Electronic
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New York
Klaus H Jander
Clifford Chance US LLP
New York, New York, United States
Introduction
State Government
The government of New York consists of legislative, executive, and judicial branches.
The legislature is bicameral, being composed of a Senate and an Assembly. Both Houses
of Legislature are elected for a term of two years.1 The executive power is vested in a governor.
2 Both the governor and lieutenant governor are chosen by general election and hold
office for four-year terms.3 The state comptroller and attorney general are also elected and
head, respectively, the department of audit and control, and the department of law.4 Other
executive departments include education, commerce, and agriculture. Each year, the governor
is required to submit to the legislature a proposed state budget for the ensuing fiscal
year, and one or more bills containing proposed appropriations.5 The appropriations bills
become law when passed by both houses of the legislature.6
Courts and Constitution
The state-wide system of courts consists of the Supreme Court, the Appellate Divisions of
the Supreme Court, and the Court of Appeals, the latter being the highest state court, as
well as other civil and criminal courts. The right to trial by jury is guaranteed, but may
be waived by the parties in civil cases, as well as by the defendant in criminal cases other
than those in which the crime charged may be punishable by death.7 The State of New
York has waived its Common Law sovereign immunity and may be sued in the Court of
Claims.8
New York State has a detailed Constitution which includes, inter alia, provisions
governing powers of and limitations on state and local governments; education; social
New York
Introduction
Qualification of Foreign Enterprises to Do Business
Forms of Enterprise
State and Local Taxation
Restrictions on Conduct of Business by Foreign Enterprises
Devices to Encourage Foreign Investment and Business Activity
State Labor Laws
Consumer Protection
Products Liability
Environmental Protection
Secured Transactions and Purchase Money Security Interest (PMSI)
Effect of Payment by the Debtor and Rights of the Secured Party on the Debtor's Default
Klaus H Jander Clifford Chance US LLP New York, New York, United States
