NYSBA’s New Membership Model is Live!

BUYING AND SELLING A SMALL BUSINESS (13 Forms)

• Agreement of Assumption and Release
• Asset Purchase Agreement
• Bill of Sale and Assignment
• Closing Memorandum
• Directors and Shareholders Liquidation Resolutions
• Directors and Shareholders Resolutions Authorizing the Sale-Purchase of Assets
• Escrow Agreement
• Guaranty
• Limited Guaranty
• Plan of Liquidation and Dissolution
• Promissory Note
• Restrictive Agreement
• Security, Pledge and Escrow Agreement – Stock Purchase

CORPORATE AND PARTNERSHIP LAW (18 Forms)

• Action by Unanimous Written Consent of the Board of Directors re: Designated Bank
• Action by Unanimous Written Consent of the Shareholders re: Organizational Matters
• Benefit Corporation Bylaws Provision re: Annual Benefit Reports
• Clause for Certificate of Amendment of a Benefit Corporation
• Clause for Certificate of Incorporation of a Benefit Corporation
• Incorporators’ Waiver of Notice of Organizational Meeting
• Minutes of Annual Meeting of Shareholders
• Minutes of First Meeting of Shareholders
• Notice of First/Annual Meeting of Shareholders
• Organizational Resolutions Adopted by Incorporator
• Sample Petition for Dissolution of Corporation under BCL § 1104-a
• Shareholders’ Agreement – Subchapter S Corporation, Two Shareholders With Equal Ownership
• Stock Exchange Agreement Between Two Closely Held Corporations
• Unanimous Consent of Directors re Electronic Participation in Meetings
• Waiver of Notice of Annual Meeting of Shareholders
• Waiver of Notice of First Meeting of Board of Directors
• Waiver of Notice of First Meeting of Shareholders
• Waiver of Notice of Special Meeting of the Board of Directors

LIMITED LIABILITY COMPANIES (12 Forms)

• Breakup Agreement for Two-Member LLC With 50/50 Ownership
• Letter of Intent for Sale of Membership Interests in an LLC
• Notice of Formation of LLC – Domestic
• Notice of Formation of LLC – Foreign (LLC § 802)
• Operating Agreement for LLC
• Operating Agreement for PLLC
• Operating Agreement of [Delaware] LLC (Manager Managed/SPE Limitations)
• Operating Agreement of [Delaware] LLC (Member Managed/SPE Limitations)
• Operating Agreement—Delaware LLC with One Member
• Operating Agreement—New York LLC with Professional Manager
• Resolutions Authorizing Dissolution of a New York LLC
• Retainer Agreement in Connection with Formation of LLC

ARBITRATION AND MEDIATION (14 Forms)

• Affidavit in Support of Motion to Compel Arbitration and to Stay This Action
• Affidavit in Support of Motion to Confirm Arbitration Award
• Affirmation in Support of Motion to Stay Arbitration
• Disposition by Arbitrators Upon Application for Modification of Award
• Notice of Motion to Compel Arbitration Before the NYSE
• Notice of Motion to Confirm Arbitration Award
• Notice of Motion to Dismiss or Stay the Action Pending Arbitration
• Notice of Motion to Stay Action and Compel Arbitration
• Notice of Motion to Stay Arbitration
• Notice of Petition to Compel Arbitration
• Petition to Compel Arbitration
• Supporting Affidavit on Notice to Stay Action and Compel Arbitration
• Remote Mediation Confidentiality Stipulation (EDNY)
• Stipulation and Agreement—Confidentiality

DEBT COLLECTION (22 Forms)

• Additional Notice of Consumer Credit Action – Courts Outside NYC
• Affidavit of Confession of Judgment
• Affidavit of Mailing Notice (Corporation) – CPLR 3215(g)
• Affidavit of Mailing Notice (Natural Person – Place of Employment) – CPLR 3215(g)(3)
• Affidavit of Mailing Notice (Natural Person – Residential Address) – CPLR 3215(g)(3)
• Affidavit of Service
• Affirmation in Support of Plaintiffs Claim for Attorney Fees
• Alternate Affidavit of Confession of Judgment
• City Court Summons
• Complaint – Consumer Credit Transaction
• Complaint – Goods Sold and Delivered
• Default Affirmation and Order
• Extension of Time to File Affidavit of Service (CPLR 308)
• Extension of Time to Serve (CPLR 306-b)
• Order Awarding Attorney Fees
• Order of Severance
• Postal Search
• Statement for Judgment
• Statement of Service by Mail and Acknowledgment of Receipt
• Stipulation of Settlement
• Summons
• Word Count Verification

ENFORCEMENT OF MONEY JUDGMENTS (18 Forms)

• Affirmation & Order to Show Cause to Punish for Contempt
• Affirmation in Support of Motion to Set Installment Payments
• Exemption Claim Form
• Final Order of Contempt
• Income Execution
• Information Subpoena with Restraining Notice to Financial Institution
• Information Subpoena with Restraining Notice to Judgment Debtor
• Installment Payment Order
• Judgment (Turnover Proceeding – CPLR 5227)
• Motion & Order to Compel Compliance with Information Subpoena
• Motion For Warrant for Failure to Comply with Order to Compel
• Notice of Motion to Set Installment Payments
• Notice of Petition (Turnover Proceeding – CPLR 5227)
• Petition (Turnover Proceeding – CPLR 5227)
• Property Execution with Notice to Garnishee
• Satisfaction
• Subpoena Duces Tecum with Restraining Order to Judgment Debtor
• Warrant of Commitment & Supporting Affidavit

• Affirmation in Support of Motion to Grant Access to Premises
• Affirmation in Support of Motion to Preserve Evidence
• Affirmation in Support of Omnibus Motion
• Counsel at First Appearance Arraignment Worksheet
• Defense Certificate of Article 245 Compliance
• Model Bail Application
• Notice of Appearance
• Notice of Omnibus Motion
• Request for a Bill of Particulars

ELDER LAW AND SPECIAL NEEDS PLANNING (6 Forms)

• Engagement Letter (Flat Fee)
• Engagement Letter (Hourly Fee)
• Irrevocable Trust
• New York Living Will
• Pour-Over Will
• Revocable Trust

GUARDIANSHIP (24 Forms)

• Affidavit in Support of Order for Discharge
• Affidavit of Court Evaluator to Retain Independent Medical Expert
• Notice of Proceeding
• Oath and Designation of Clerk
• Order and Judgment Appointing Guardian of the Person and Property
• Order Authorizing Sale of Real Property
• Order Discharging Guardian and Surety
• Order for Independent Medical Expert
• Order Settling and Approving Final Account
• Order to Show Cause for Approval of Final Account
• Order to Show Cause to Authorize Sale of Real Property
• Order to Show Cause to Discover Property
• Order to Show Cause to Transfer Guardianship Pursuant to M.H.L. § 83.31
• Order to Show Cause—Application for Appointment of a Guardian of Person and Property
• Order to Show Cause—Application for Appointment of a Guardian with Request for Temporary Restraining Order and Injunction
• Order to Show Cause—Application for Appointment of a Special Guardian (Medicaid)
• Petition for Appointment of a Guardian of Person and Property
• Petition for Judicial Settlement of Final Account
• Provisional Order Transferring Guardianship Pursuant to M.H.L. § 83.31
• Report of Sale of Real Property
• Short Form Commission
• Statement of Death per M.H.L. § 81.44
• Statement Regarding Real Property
• Verified Petition for Sale of Real Property

• Agreement to Provide Trust Services
• Application to the Attorney General for a Determination on the Disposition of Down Payments Application for Dispute Resolution
• Escrow & Trust Provisions for Offering Plans—Attorney General Model Form for Escrow Agreement
• Judgment (Deceased Attorney)
• Missing Clients—Related Procedural Forms—22 N.Y.C.R.R. § 1200.0, Rule 1.15(f)
• Notice of Motion (Deceased Attorney)
• Petition No. 1 (Deceased Attorney)
• Petition No. 2 (Deceased Attorney)
• Sample Escrow Agreement No. 1
• Sample Escrow Agreement No. 2

• Affidavit of Service by Mail of Judgment of Divorce with Notice of Entry
• Certificate of Compliance
• Client Attorney Certification
• Client Attorney Certification (Option No. 2)
• Combined Subpoena Duces Tecum and Witness Trial Subpoena
• Consent to Change Attorney
• Corrections to Deposition
• Defendant’s Verified Statement of Removal of Barriers to Remarriage
• Demand for Discovery and Inspection
• Demand for Statement of Net Worth (Demand Only)
• Letter to Attorney re Proposed Settlement Agreement (Open)
• Letter to Client re Proposed Property Settlement Agreement
• Letter to Client re Proposed Property Settlement Agreement (Confidential)
• Letter to Client re Tax Consequences
• Letter to Other Party’s Attorney re Execution of Agreement
• Letter to Spouse
• Memorandum of Separation Agreement
• Non-Engagement Letter
• Notice for Preservation of Electronic Evidence
• Notice of Appeal
• Notice of Appearance with Demand for Relief
• Notice of Entry
• Notice of Settlement
• Notice to Admit Truth of Facts
• Notice to Provide Expert’s Information
• Notice to Take Deposition
• Plaintiff’s Affidavit in Support of Judgment of Divorce
• Plaintiff’s Verified Statement of Removal of Barriers to Remarriage
• Qualified Medical Child Support Order
• Request for Preliminary Conference
• Retainer Letter
• Support Collection Unit Information Sheet
• Verified Answer (Uncontested Action)
• Verified Answer with Alternate Right of Defendant to Obtain Divorce
• Verified Complaint (Constructive Abandonment)
• Verified Complaint (Irreconcilable Differences)
• Verified Reply
• Witness Trial Subpoena

Zoning and Land Use

• Attorney-Client Fee Agreement
• Court Summons
• CPLR 5003-a Letter to Defendant Transmitting Settlement Documents
• Deposition Exhibit Log
• General Release
• IA-21 Form – Standard Compromise Order
• Judicial Conference Closing Statement
• Judicial Conference Retainer Statement
• Letter of Representation to Defendant Owner and Driver
• Plaintiff’s General Combined Demands with a Demand for a Verified Bill of Particulars
• Plaintiff’s Notice to Admit
• Plaintiff’s Notice to Produce CPLR 3101(f) Disclosure
• Plaintiff’s Request to Charge in a Motor Vehicle Negligence Case
• Pre-Suit Demand Letter for Insurance Information Under Insurance Law § 3420(f)(2)(A)
• Request for Driving Abstract
• Standard Stipulation of Discontinuance
• Statement of Service by Mail and Acknowledgment of Receipt by Mail
• Underinsured Uninsured Notification Letter
• Verified Summons and Complaint in an Automobile Negligence Case

Power of Attorney Form

COMMERCIAL LEASING (19 Forms)

• Assignment and Assumption of Lease (Basic)
• Assignment and Assumption of Lease (with Schedules)
• Exclusive Agency Agreement for Commercial Building
• Exclusive Brokerage Agreement for Lease Drafted by Owner’s Attorney
• Landlord’s Consent to Assignment
• Lease Rider
• Letter of Credit
• Model Broker Registration Agreement and Commission Waiver
• Model Commercial Lease
• Model Memorandum of Lease
• Model Office Sublease
• Model Surrender Agreement
• Model Tenant Estoppel Certificate
• Model Term Sheet for Lease
• Non-Exclusive Brokerage Agreement Drafted by Owner’s Attorney
• Sight Draft (Exhibit A)
• Subordination, Nondisturbance and Attornment Agreement (with Schedules A and B)
• Subordination, Nondisturbance and Attornment Agreement (Optional)
• Transfer Notice (Exhibit B)

COMMERCIAL REAL ESTATE (10 Forms)

• Administrator’s Deed (Form 8005)
• Affidavit of Title (Lender’s Form)
• Affidavit Under Section 255 Tax Law
• Bargain and Sale Deed with Covenant Against Grantor’s Acts (Individual or Corporation) (Form 8007)
• Contract of Sale
• Executor’s Deed (Individual or Corporation) (Form 8010)
• Memorandum of Lease
• Mortgage Modification, Consolidation and Extension Agreement
• Quitclaim Deed (Individual or Corporation) (Form 8009)
• Satisfaction of Mortgage

LANDLORD-TENANT (4 Forms)

• Notice of Termination of Lease
• Notice of Termination of Tenancy at Sufferance
• Notice to Cure Default
• Rent Demand

MECHANIC’S LIENS (27 Forms)

• Affidavit in Support of Application for Ex Parte Order Discharging Lien for Public Improvement
• Affidavit in Support of Application to Cancel Notice of Lien
• Affidavit of Personal Service of Bond Undertaking upon Corporation
• Affirmation in Support of Application to Continue Private Lien
• Affirmation to Discharge Lien by Deposit
• Attorney’s Affirmation to Continue or Extend Public Lien Subsequent to Extension Procedure
• Demand for Verified Statement from Trustee under Lien Law § 76
• Demand Pursuant to § 38 of the Lien Law
• Extension of Lien on Private Property
• Extension of Lien under a Public Improvement
• Notice of Application for Ex Parte Order Discharging by Retention a Lien for a Public Improvement
• Notice of Application for Order Requiring Itemized Statement Pursuant to Lien Law § 38
• Non-Revocation Certificate
• Notice of Application to Continue Lien on Public Improvement
• Notice of Application to Continue Lien
• Notice of Petition to Require Lien Law § 76 Statement
• Notice to Commence Action or Show Cause Pursuant to Lien Law § 59
• Notice to County Clerk as to Mechanic’s Lien Bond Pursuant to Lien Law § 19(4)(a)
• Notice to Government Agency as to Public Improvement Lien Bond
• Order Canceling Notice of Lien
• Order Continuing Private Lien
• Order Continuing Public Improvement Lien
• Order Discharging by Retention a Lien for Public Improvement
• Petition to Require Trustee to Provide Lien Law § 76 Statement
• Satisfaction of Lien—Public Improvement
• Satisfaction or Release or Discharge of Lien on Public Improvement
• Verified Petition for Order Requiring Lien Law § 38 Itemized Statement

MORTGAGE FORECLOSURES (30 Forms)

• Affirmation of Regularity
• Affirmation of Service by Mail
• Certificate of Merit
• Complaint
• Costs of Plaintiff with Attorney’s Affirmation
• Form Judgment of Foreclosure and Sale—Residential Foreclosure
• Form Order of Reference—Residential Foreclosures
• Judgment of Foreclosure and Sale
• Notice of Foreclosure and Sale
• Notice of Pendency of Action
• Notice to Tenants by Successor in Interest
• Notice to Tenants of Buildings in Foreclosure
• Order Confirming Referee’s Report of Sale
• Order of Reference in Mortgage Foreclosure
• Referee’s Deed
• Referee’s Oath
• Referee’s Report of Sale
• Report of Amount Due
• Schedule A—Abstract of Documentary Evidence
• Statement of Sale
• Summons (General)
• Summons (Residential Property of not more than three units)
• Surplus Monies
• Terms of Sale
• Upset Calculation

REAL ESTATE TRANSACTIONS-RESIDENTIAL (47 Forms)

• Acceleration Affidavit—To Postpone Condition Requiring Borrower to Sell Current Residence
• Acceptance of Statutory Short-Form Power of Attorney – Sample Letter
• Addendum to Contract for Purchase and Sale
• Administrator’s Deed
• Affidavit as to Power of Attorney Being in Full Force
• Affidavit of Exemption (Tax Law §253(1-A))
• Affidavit of Title
• Attorney’s Affidavit of Compliance
• Authorization to Release Information
• Bargain and Sale Deed, with Covenant Against Grantor’s Acts (Individual or Corporation)
• Bargain and Sale Deed, Without Covenant Against Grantor’s Acts
• Broker’s Offer Memorandum — Fact Sheet
• Brokerage Agreement—Seller
• Buyer Retainer Letter
• Certification for No Information Reporting on the Sale or Exchange of a Principal Residence
• Combined Note and Mortgage
• Contract of Sale (NYBTU Form 8041)
• Contract of Sale—Condominium Unit
• Contract of Sale—Cooperative Apartment
• Executor’s Deed (NYBTU-8010)
• F.I.R.P.T.A. Affidavit of Facts Relating to the Withholding of Tax upon the Disposition of United States Real Property Interests Pursuant to 26 U.S.C. 1445(B)(2)
• F.I.R.P.T.A. Non-Foreign Certification by Individual Transferor
• Fence and Boundary Affidavit
• Holdover Agreement (Long Form)
• Holdover Agreement (Short Form)
• Judgment Affidavit
• Letter of Engagement
• Mortgage
• Mortgage (Statutory Short Form M)
• Mortgage Note (Fixed Rate)
• Mortgage Note (NYBTU Form 8011)
• Natural Person Mortgagee—Affidavit of Exemption § 253(1-a)
• New York State Disclosure Form—Buyer and Seller
• New York State Disclosure Form—Landlord and Tenant
• Occupancy Agreement
• Occupancy Agreement for Seller in Possession After Closing
• Property Condition Disclosure Statement
• Quitclaim Deed (IRS-8009)
• Smoke Alarm and Carbon Monoxide Detector Affidavit
• Referee’s Deed in Foreclosure
• Residential Contract of Sale
• Seller Retainer Letter
• Seller’s Attorney’s Transmittal Letter
• Survey Affidavit
• Title Insurance Disclosure Statement
• Undertaking/Indemnity for Transfer Tax by Transferee and Its Designated Title Agency
• Warranty Deed with Full Covenants

ESTATE PLANNING AND WILL DRAFTING (31 Forms) PROBATE (24 Forms)

• Administration Citation (Form A-2)
• Affidavit of Attesting Witness (Form P-3)
• Affidavit of Comparison (Form P-13)
• Affidavit of No Debt (Form P-12)
• Affidavit of Regularity (Form A-7)
• Affidavit of Service of Citation (Adult) (Form A-10)
• Affidavit of Service of Citation (Form P-7)
• Affidavit Proving Handwriting (Form P-9)
• Application and Order to Dispense with Testimony of Attesting Witness (Form P-8)
• Application for Preliminary Letters Testamentary (Form P- 2)
• Attorney’s Certification in Probate Proceeding
• Decree Appointing Administrator (Form A-6)
• Decree Granting Probate
• Notice of Application for Letters of Administration (Form A-3)
• Notice of Probate (Form P-6)
• Notice to Consul General (Form A-5)
• Petition for Letters of Administration (Form A-1)
• Petition for Probate (Form P-1)
• Probate Citation (Form P-5)
• Renunciation of Letters of Administration c.t.a. and Waiver of Process (Form P-11)
• Renunciation of Nominated Executor and or Trustee (Form P-10)
• Waiver of Citation and Consent to Appointment of Administrator (Corporation) (Form A-9)
• Waiver of Citation, Renunciation and Consent to Appointment of Administrator (Individual) (Form A-8)
• Waiver of Process; Consent to Probate (Form P-4) WILL DRAFTING (7 Forms)
• Dual Representation Letter
• Engagement Letter (Flat Fee)
• Engagement Letter (Hourly Fee)
• Health Care Proxy
• Last Will and Testament with Affidavit for Attesting Witnesses
• Living Will
• Separate Representation Letter