New York Consolidated Laws

N.Y. Real Property Law § 124 (2026)

Purpose and application of article

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar
§ 124. Purpose and application of article. It is the purpose of the
legislature, in enacting this article, to provide for the regulation and
supervision of the appointment, creation, agreements, acts, conduct,
practices and proceedings of trustees, bondholders' protective
committees, depositaries, management companies, voting trustees and
other persons administering, holding in custody or otherwise concerned
with real estate mortgages and interests therein to the end that such
interests will be properly conserved, administered and ultimately
liquidated in the public interest. This article, except as otherwise
expressly provided, shall apply, to the extent that the state has power
to provide therefor, to all mortgage investments, as hereinafter
defined, where the property constituting the underlying security
therefor, or any part thereof, is located within the state or where the
trustee, committee, depositary, management company, voting trustee or
other person administering, holding in custody, or otherwise concerned
with such investments has an office for the transaction of business with
respect thereto within the state or has obtained authority to do
business in this state.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1995–2022 · leading case: Beck v. Mfrs. Hanover Trust Co., 218 A.D.2d 1 (N.Y. App. Div. 1995).
Beck v. Mfrs. Hanover Trust Co., 218 A.D.2d 1 (N.Y. App. Div. 1995). “It was, no doubt, in light of the obvious injustice and futility counte *13 nanced by strict adherence to the common-law rule followed so reluctantly in Hazzard (supra) that the Legislature almost 60 years ago enacted Real Property Law § 126 requiring indenture trustees…”
Pac. Life Ins. Co. v. The Bank of New York Mellon (S.D.N.Y. 2021). “§ 77aaa, and the Streit Act, N.Y. Real Property Law § 124 . Plaintiffs further claim that Defendant was negligent in failing to avoid conflicts of interest and to perform ministerial acts with due care.”
Phoenix Light SF Ltd. v. HSBC Bank USA, Nat'l Ass'n (S.D.N.Y. 2022). “(the “TIA”), violations of New York’s Streit Act, N.Y. Real Property Law § 124 , et seq., negligence, and breach of the covenant of good faith against HSBC for its role as the RMBS Trustee.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.