reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 391-P - Prohibit the Rental of Clothing Articles Previously Worn.

§  391-p. Prohibit the rental of clothing articles previously worn. 1.
  No person shall rent articles of clothing  which  have  been  previously
  worn unless such articles of clothing are cleaned prior to such rental.
2.  A knowing violation of this section shall be punishable by a civil
  penalty not to exceed two hundred fifty dollars for the first  violation
  and not to exceed one thousand dollars for each subsequent violation.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 391-T - Sale of Small Animals; Instructions on Care.

§  391-t.  Sale  of small animals; instructions on care. 1. As used in
  this section, a "small animal" shall mean any  small  mammal,  excluding
  dogs  or  cats,  including  but  not  limited to, hamsters, chinchillas,
  guinea pigs,  gerbils,  rabbits,  mice,  rats,  ferrets  and  any  small
  amphibians  or  reptiles, including but not limited to frogs, snakes and
  lizards, but shall not include any small animals that are expressly sold
  for the purpose of feeding other animals.
2. As used in this section, a "retailer" shall  mean  any  person  who
  conducts  a  business  of  selling or offering for sale small animals at
  retail for profit to the public.
3. Every retailer that sells small animals to the  public,  shall,  at
  the  time of sale, deliver or provide digital access to the purchaser of
  a small animal, written care recommendations  for  the  class  of  small
  animal   being  purchased,  which  recommendations  shall:  (a)  include
  generally accepted information intended for an inexperienced  pet  owner
  on  housing,  equipment,  sanitation, environment, feeding and watering,
  handling, and veterinary care; and (b) have been created or published by
  a reliable source including but not limited  to:  a  state  or  national
  professional  veterinary association; an association established for the
  preservation and care of  any  such  small  animal;  or  an  association
  representing pet retailers.
4.  All retailers that sell small animals to the public shall maintain
  a copy of the written care  recommendations  for  each  class  of  small
  animal  they  sell,  which  shall  be  available  for  inspection by the
  department of agriculture and markets.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-B - False Labels and Misrepresentations.

§  392-b.  False  labels  and  misrepresentations.  A person, who with
  intent to defraud:
1. Puts upon an article  of  merchandise,  or  upon  a  cask,  bottle,
  stopper,  vessel,  case, cover, wrapper, package, band, ticket, label or
  other thing, containing or covering such an article, or with which  such
  an  article is intended to be sold, or is sold, any false description or
  other indication of or respecting the kind, number, quantity, weight  or
  measure  of  such  article, or any part thereof, or the place or country
  where it was manufactured or produced or the quality  or  grade  of  any
  such  article,  if the quality or grade thereof is required by law to be
  marked, branded or otherwise indicated on or with such article; or
2. Sells or offers for sale an article,  which  to  his  knowledge  is
  falsely  described  or  indicated  upon  any  such  package,  or  vessel
  containing the same, or label  thereupon,  in  any  of  the  particulars
  specified; or
3.  Sells  or  exposes  for sale any goods in bulk to which no name or
  trademark shall be attached, and orally  or  otherwise  represents  that
  such  goods  are  the  manufacture  or production of some other than the
  actual manufacturer or producer, in a case where the punishment for such
  offense is not specially provided for otherwise by statute, is guilty of
  a misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-C - Obliteration of Marks of Origin.

§  392-c.  Obliteration of marks of origin. 1. Definitions. As used in
this section:
(a)  "Person"  shall  be  deemed  to  include  a  firm,   partnership,
association or corporation.
(b)  "Sell" shall be deemed to include offer to sell, expose for sale,
and possess with intent to dispose of or to sell.
(c) "Article of merchandise"  shall  be  deemed  to  include  a  cask,
bottle,  stopper,  vessel,  case, cover, wrapper, package, band, ticket,
label or other thing containing or covering an article  of  merchandise,
or  with  which  an article of merchandise is intended to be sold, or is
sold.
(d) "Mark of origin" shall be deemed to mean  and  include  any  name,
mark  or  indication  of  the  place or country from which an article of
merchandise was imported into  the  United  States  of  America  or  its
insular  possessions,  or  the  name, mark or indication of the place or
country in which an article of  merchandise  was  manufactured,  packed,
assembled, grown or produced.
(e) "Remove" shall be deemed to include deface, alter and obliterate.
(f)  "Conceal"  shall  be  deemed to include the original placing of a
mark of origin upon an article of merchandise in any manner  whatsoever,
or  the  arranging  or  combining of two or more articles of merchandise
into a single unit whereby the mark of origin is removed from open view,
or is rendered illegible or inconspicuous.
(g) The terms "remove" and "conceal" are not  to  be  deemed  mutually
exclusive.
2.  Any  person who wholly or in part removes or conceals or who shall
cause to be, wholly or in part, removed or concealed  from  or  upon  an
article  of merchandise the mark of origin; or who sells or causes to be
sold an article of  merchandise  from  or  upon  which  to  his  or  its
knowledge,  or  to  the  knowledge  of  his  or  its agents, servants or
employees there has been in whole or in part, removed or  concealed  the
mark  of  origin,  or  who  sells  or  causes  to  be sold an article of
merchandise from the inspection of which such knowledge could have  been
obtained,  shall  be guilty of a misdemeanor, provided that it shall not
be deemed a violation of this section  if  at  the  time  of  sale  said
article  of  merchandise  and  the  immediate  and  outer  container  or
containers thereof shall be marked, stamped, tagged, branded or  labeled
in legible and conspicuous English words with said mark of origin or the
concealment thereof shall have completely ceased.
3.  The sale of an article of merchandise from which there has been in
whole or in part  removed  or  concealed  a  mark  of  origin  shall  be
presumptive evidence of the violation of this section.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-D - Using False Marks as to Manufacture.

§  392-d.  Using  false  marks  as  to manufacture. A person who, with
  intent  to  defraud  or  to  enable  another  to  defraud  any   person,
  manufactures  or  knowingly  sells or causes to be manufactured or sold,
  any article, marked, stamped or branded or incased or  inclosed  in  any
  box, bottle or wrapper, having thereupon any engraving or printed label,
  stamp, imprint, mark or trade-mark which article is not the manufacture,
  workmanship  or  production of the person named, indicated or denoted by
  such marking, stamping or  branding,  or  by  or  upon  such  engraving,
  printed  label,  stamp,  imprint,  mark  or  trade-mark,  is guilty of a
  misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-F - Taximeters.

§ 392-f Taximeters. 1. Definitions. As used in this section:
(a) "Person" shall include a person, firm, partnership, association or
corporation.
(b)  "Sell"  shall include offer to sell, expose for sale, and possess
with intent to dispose of or to sell.
(c) "Taximeter" shall include any device  which,  when  affixed  to  a
motor vehicle, is so constructed as to operate as a fare indicator and a
time  and distance register for the purpose of automatically determining
the charge for which a passenger becomes liable.
(d) "Remove" shall include deface, alter, conceal and obliterate.
2. (a) No manufacturer shall offer for sale any taximeter  which  does
not  have  etched,  stamped  or  permanently  impressed thereon a serial
number which has been assigned to it by the manufacturer.
(b) Any manufacturer who sells taximeters within the state shall  keep
a  record  of  the transaction. The record shall indicate (i) the serial
number of the taximeter sold, (ii) the name and address of  the  vendee,
(iii) the date of the sale and (iv) the purchase price.
3.  A  person  being the owner or lawful custodian of a taximeter, the
original identification number of which shall have been removed or which
never bore a serial  number,  may  apply  to  the  county  or  municipal
authority charged with the obligation of regulating the taxicab industry
within  its  jurisdiction,  if  any, for permission to make or stamp, or
cause to be made or stamped  on  such  taximeter  a  serial  number.  If
satisfied  that the person making application for such permission is the
true owner of the taximeter and that its  original  number  was  not  so
removed at the instigation of the person making such application, or, if
done by such person, was not done for an unlawful purpose, the county or
municipal  authority  shall issue to the applicant written permission to
stamp on the taximeter a special identification number designated by it.
4. Any person who wholly or in part removes or who shall cause to  be,
wholly  or  in part, removed from or upon a taximeter the serial number;
or who sells or causes to be sold a taximeter from or upon which to  his
or  its knowledge, or to the knowledge of his or its agents, servants or
employees there has been in whole or in part, removed or  concealed  the
serial  number,  or  who sells or causes to be sold a taximeter from the
inspection of which such knowledge could have been  obtained,  shall  be
guilty of a misdemeanor.
5.  The  sale  of a taximeter from which there has been in whole or in
part removed or concealed a mark of origin shall be presumptive evidence
of the violation of this section.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-G - Sale of Ultraviolet Radiation Devices.

§  392-g.  Sale of ultraviolet radiation devices. 1. When used in this
section, the  following  words  and  phrases  shall  have  the  meanings
ascribed to them in this section:
(a)  "Tanning facility" shall mean any establishment where one or more
ultraviolet radiation device is used, offered, or made available for use
by any human being, for which a fee is charged, directly or  indirectly,
but  shall  not  include any facility where any such device is used by a
qualified health care professional for treatment of medical conditions.
(b) "Ultraviolet radiation device" shall mean any equipment  which  is
designed to emit electromagnetic radiation in the wavelength interval of
two  hundred to four hundred nanometers in air, and which is intended to
induce tanning of the human skin through irradiation, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.
(c) "Person" shall mean an individual, corporation, partnership, joint
venture, or any business entity.
2. No person shall offer for sale any ultraviolet radiation device for
use in a tanning facility, or for the personal use of a consumer, unless
such device is conspicuously labeled with a warning stating  the  health
hazards associated with the use of such device, and setting forth a safe
exposure  schedule,  and  such  device  is equipped with a timing device
limiting exposure time to safe exposure levels.
3. Each  ultraviolet  radiation  device  offered  for  sale  shall  be
accompanied without additional cost therefor by safety goggles.
4. Each ultraviolet radiation device offered for sale shall include an
easily  accessible  on/off  switch permitting an individual, while using
the device, to turn off the radiation at any time the device is in use.
5. Any person who knowingly fails to comply with the  requirements  of
this  section  shall  be  assessed  a  civil penalty not to exceed fifty
dollars for the first  violation,  one  hundred  dollars  for  a  second
violation,  and  two hundred fifty dollars for any subsequent violation.
Each day  such  offense  shall  continue  shall  constitute  a  separate
additional  violation.  It  shall  be a defense to the imposition of any
such civil penalty that the device was labeled and equipped as  required
by  this  section  and  such label or equipment was removed, defaced, or
rendered inoperable by vandals, provided the person required  to  comply
with this section subsequently so complies.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-H - Trash Receptacles; Dumpsters.

§  392-h.  Trash  receptacles;  dumpsters.  No  person  or  entity  in
  possession of a trash or refuse receptacle commonly  referred  to  as  a
  dumpster  or  carting  unit,  having a capacity of more than twenty-five
  cubic yards, shall allow or cause the same to be or remain unattended on
  a public street, highway or sidewalk unless such receptacle shall have a
  clearly visible fluorescent stripe or marking, at least six inches wide,
  which stripe or marking may be broken or segmented, located  around  the
  entire  outside perimeter thereof. Failure to comply with the provisions
  hereof shall subject such  person  or  entity  to  a  civil  penalty  of
  twenty-five  dollars  per day, per unit, for each day such failure shall
  occur. The provisions of this section shall supercede  any  inconsistent
  provision of any other general, special or local law to the contrary.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-I - Prices Reduced to Reflect Change in Sales Tax Computation.

§  392-i.  Prices  reduced to reflect change in sales tax computation.
  Every person engaged in the retail sale  of  motor  fuel  and/or  diesel
  motor  fuel  or  a  distributor  of  such  fuels,  as defined in article
  twelve-A of the tax law, shall reduce the price such person charges  for
  motor  fuel and/or diesel motor fuel in an amount equal to any reduction
  in taxes  prepaid  by  the  distributor  or  paid  by  retail  customers
  resulting from computing sales and compensating use taxes at a cents per
  gallon  rate  pursuant to the provisions of paragraph two of subdivision
  (e) and subdivision (m) of section eleven hundred eleven of the tax law.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-J - Sales of Sparkling Devices.

§  392-j. Sales of sparkling devices. 1. Sales of sparkling devices as
  defined in subparagraph (vi) of paragraph  (a)  of  subdivision  one  of
  section  270.00  of  the  penal  law  shall  be lawful only for business
  registered by the state under section one  hundred  fifty-six-h  of  the
  executive law between June first and July fifth or from December twenty-
  sixth through January second of each year.
2.  Failure  to comply with this section shall be deemed an offense as
  defined in subdivision two of section 270.00 of the penal law.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393 - Lime; Standard Barrels.

§ 393. Lime; standard barrels. There is hereby established a large and
  a  small  barrel of lime, the large barrel to consist of two hundred and
  eighty pounds and the small barrel to consist of one hundred and  eighty
  pounds, net weight. It shall be unlawful for any person to sell or offer
  for  sale  lime,  unless  there shall be stencilled or otherwise clearly
  marked on one or both heads of the small barrel the  figures  "180  lbs.
  net"  and  of the large barrel the figures "280 lbs. net," and on either
  barrel in addition the name of the manufacturer of the  lime  and  where
  manufactured.  When lime is sold in containers of less capacity than the
  standard small barrel, it shall be sold  in  fractional  parts  of  said
  standard  small  barrel,  and  the  net weight of lime contained in such
  container shall by stencil  or  otherwise  be  clearly  marked  thereon,
  together  with the name of the manufacturer thereof, and the name of the
  brand, if any, under which it is sold. It shall  be  unlawful  to  pack,
  sell,  or  offer  for sale any barrels or other containers of lime which
  are not marked as provided in this act,  or  to  sell,  charge  for,  or
  purport  to  deliver  as a large or small barrel or a fractional part of
  said small barrel of lime, any less weight of lime than  is  established
  by  the  provisions  of  this  section.  Any person violating any of the
  provisions of this section shall be guilty of a misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-A - Non Fire Rated Wood Paneling.

§  393-a.  Non  fire rated wood paneling. It shall be unlawful for any
  person, firm or corporation to sell or offer for  sale  non  fire  rated
  wood  paneling,  unless  it  shall  be clearly marked on the back of the
  paneling and on the package in which the paneling is sold a  conspicuous
  notice  that  the  paneling is not rated for fire purposes and is highly
  flammable. For the purposes of this section non fire rated wood paneling
  shall mean such paneling having a surface flamespread rating  in  excess
  of  two  hundred  determined by Underwriters Laboratory test No.  723 or
  the American Society for Testing Materials test No. E-84 or  testing  by
  any  qualified  laboratory  or  testing  organization  which  meets  the
  criteria  of  American  Society  for  Testing  Materials  test   E548-76
  conducted  in  conformity with generally accepted standards. A violation
  of the provisions of this section shall be a class B misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-B - Written Solicitation.

§  393-b.  Written  solicitation. 1. Any written solicitation to enter
  into an agreement for various  credit  card  protection  services  shall
  disclose  that  the  purchase  of credit card protection services or the
  renewal thereof is not required for a consumer to secure or  retain  his
  or  her credit card; and a concise statement regarding his or her rights
  that already exist free of charge under the "Fair  Credit  Billing  Act"
  and  the  regulations  thereunder, as such acts and regulations may from
  time to time be amended.  A  credit  card  protection  service  means  a
  service  to  protect,  indemnify,  or  reimburse  the credit card holder
  against the loss or misuse of the credit card. Such term  shall  include
  services  provided  along  with  credit card protection services for the
  same price, including, but not be limited to, access to credit  reports,
  an  explanation  of  credit entries on the report, the identification of
  those who have accessed the report, and insurance and security services.
  No  agreement  for  services  shall  provide  that  services   will   be
  automatically renewed on an annual basis and the consumer billed, unless
  the  consumer  in the expiring agreement is notified not more than sixty
  days and not less than fifteen days prior  to  the  termination  of  the
  existing  agreement  by mail of the credit protection service provider's
  intention to automatically renew the agreement.
2. Whenever there shall be a violation of  this  section,  application
  may  be  made  by  the attorney general in the name of the people of the
  state of New York to a court or justice having jurisdiction by a special
  proceeding to issue an injunction, and upon notice to the  defendant  of
  not  less than five days, to enjoin and restrain the continuance of such
  violations; and if it shall appear to the satisfaction of the  court  or
  justice  that  the  defendant  has,  in  fact, violated this section, an
  injunction may be  issued  by  such  court  or  justice,  enjoining  and
  restraining  any  further  violation,  without  requiring proof that any
  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
  proceeding,  the  court  may  make allowances to the attorney general as
  provided in paragraph six of subdivision  (a)  of  section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution. Whenever the court shall determine that a violation of this
  section has occurred, the court may impose a civil penalty of  not  more
  than  one  thousand  dollars  for each violation. In connection with any
  such proposed application, the attorney general is  authorized  to  take
  proof  and  make  a  determination  of  the  relevant facts and to issue
  subpoenas in accordance with the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-C - Sale of Required Labor Postings.

§  393-c.  Sale  of  required labor postings. Any person, corporation,
  association, partnership or other entity which sells or offers  to  sell
  in  this  state  any printed materials which, or the substance of which,
  are required to be posted  in  places  of  employment  pursuant  to  the
  provisions  of  any federal or state law, rule or regulation, including,
  but not limited  to,  notices  or  materials  relating  to  unemployment
  insurance, workers' compensation insurance or benefits, minimum wage and
  occupational  safety and health standards shall provide to the purchaser
  a notice in at least twelve point type, that such  required  notices  or
  postings  are  also  available free of charge from the government office
  having jurisdiction over the required notices or postings.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-D - Sale of Certified Copies of Property Deeds.

§  393-d.  Sale  of  certified  copies  of property deeds. Any person,
  corporation, association, partnership or other  entity  which  sells  or
  offers to sell in this state any certified copy of a property deed shall
  provide  to  the purchaser the following notice in at least twelve-point
  boldface type prior to the time of sale:
"Certified copies of  property  deeds  are  available  at  the  county
  clerk's  office.  The  county  clerk's office may charge a small fee for
  certified copies of such deeds, usually between two and four  dollars  a
  page.  Since  most  property  deeds  are  between  two and five pages in
  length, a certified copy can usually be obtained for  between  four  and
  twenty dollars."
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-E - Sale of Abandoned Property Location Services.

§  393-e.  Sale  of  abandoned  property location services. 1. For the
  purposes of this section, "abandoned property location  services"  shall
  include  any service for a fee providing assistance to consumers for the
  purposes of locating  and/or  retrieving  property  held  by  the  state
  comptroller pursuant to the abandoned property law.
2.  Any  person, corporation, association, partnership or other entity
  which sells or offers to sell any abandoned property  location  services
  for  abandoned  property  delivered  to  the state and held by the state
  comptroller  shall,  in  every  solicitation  and  agreement  for   such
  services,  provide  to the purchaser the following notice in a clear and
  conspicuous manner, and in at least twelve-point boldface type prior  to
  the time of sale:
"Abandoned  funds  held by the State can be obtained directly from the
  Office of the State Comptroller by  the  owner  of  such  funds  without
  paying  a  fee.  These  funds are held indefinitely by the Office of the
  State Comptroller. For more information, contact the Office of the State
  Comptroller at (insert the current telephone number established  by  the
  Office  of  the State Comptroller for receiving inquiries from consumers
  regarding unclaimed funds) or (insert the current address of the website
  of the Office of the State Comptroller)."
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 393-F - Voluntary Third-Party Notification.

* §  393-f.  Voluntary third-party notification. 1. Every telegraph or
  telephone corporation, cable  television  corporation,  or  municipality
  shall  permit  a  residential  customer  to  designate  a third party to
  receive notice of the total amount due or past due  on  all  bills,  the
  amounts  of  any  payments  paid  by  or  on  behalf of such residential
  customer, and copies of all notices relating to termination  of  service
  and  notices  relating  to  collection  of  amounts  due  sent  to  such
  residential customer, provided that the designated third party indicates
  in writing a willingness to receive such notices, and provided  further,
  where  a  residential  customer opts for third-party notifications, such
  residential customer may opt to continue to receive such notices.
2. Every cellular phone company, upon request  by  a  customer,  shall
  permit  such  customer  to  designate a third party to receive notice in
  accordance with subdivision one  of  this  section.  Such  notice  shall
  comply  with  all  requirements  related  to  the protection of customer
  proprietary network information contained in the federal  communications
  act  of  1934  (47 U.S.C. 222) and any federal regulations adopted under
  that authority.
* NB Effective June 19, 2024
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-A - Proof of Lost Negotiable Paper.

§  394-a.  Proof of lost negotiable paper. 1. Where, upon the trial of
  an action, it appears that a negotiable instrument within article  three
  of  the uniform commercial code, upon which the action or a counterclaim
  interposed in the action is founded, was lost while it belonged  to  the
  party  claiming  the  amount  due  thereupon,  he may prove the contents
  thereof by parol or other secondary evidence and may recover or set  off
  the amount due thereupon as if it was produced.
2.  For  that  purpose,  he  must  give to the adverse party a written
  undertaking, in a sum fixed by the judge or the referee, not  less  than
  twice  the  amount  of  the  note  or  bill, with at least two sureties,
  approved by the judge or  the  referee,  to  the  effect  that  he  will
  indemnify  the  adverse  party,  his heirs and personal representatives,
  against any claim by any other person, on account of the note  or  bill,
  and against all costs and expenses, by reason of such a claim.
3. But where an action is prosecuted or defended by the state, or by a
  public  officer in its behalf, the state or the public officer may prove
  the contents of a lost negotiable instrument within article three of the
  uniform commercial code, by parol or other secondary evidence,  and  may
  recover or set off the amount due thereupon, without giving any security
  to the adverse party notwithstanding section 3--804 of such code.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-CCC - Social Media Networks; Hateful Conduct Prohibited.

§  394-ccc.  Social  media networks; hateful conduct prohibited. 1. As
used in this section, the  following  terms  shall  have  the  following
meanings:
(a)  "Hateful  conduct"  means  the  use  of a social media network to
vilify, humiliate, or incite violence against a  group  or  a  class  of
persons  on  the  basis  of  race,  color, religion, ethnicity, national
origin, disability, sex, sexual orientation, gender identity  or  gender
expression.
(b)  "Social  media  network"  means  service  providers,  which,  for
profit-making purposes, operate internet platforms that are designed  to
enable  users  to  share  any  content  with other users or to make such
content available to the public.
2. A social media network that conducts business in the  state,  shall
provide  and  maintain  a  clear  and  easily  accessible  mechanism for
individual users to report incidents of hateful conduct. Such  mechanism
shall be clearly accessible to users of such network and easily accessed
from  both  a  social media networks' application and website, and shall
allow the social media network to  provide  a  direct  response  to  any
individual reporting hateful conduct informing them of how the matter is
being handled.
3.  Each  social  media  network shall have a clear and concise policy
readily available and accessible on their website and application  which
includes  how  such  social  media  network will respond and address the
reports of incidents of hateful conduct on their platform.
4. Nothing in this section shall be construed  (a)  as  an  obligation
imposed  on  a social media network that adversely affects the rights or
freedoms of any persons, such as exercising the  right  of  free  speech
pursuant  to  the  first amendment to the United States Constitution, or
(b) to add to or increase  liability  of  a  social  media  network  for
anything  other  than  the  failure to provide a mechanism for a user to
report to the social media network any incidents of hateful  conduct  on
their platform and to receive a response on such report.
5.  Any  social media platform that knowingly fails to comply with the
requirements of this section shall be assessed a civil penalty for  such
violation  by  the  attorney general not to exceed one thousand dollars.
Each day  such  offense  shall  continue  shall  constitute  a  separate
additional  violation.  In  determination  of  any  such  violation, the
attorney  general  shall  be  authorized  to  take  proof  and  make   a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-D - Privity of Contract Between Franchise Seller and Customer or Patron of Dealer.

§  394-d. Privity of contract between franchise seller and customer or
  patron of dealer. a. Any contract for instruction in physical and social
  skills, or for the use by an individual patron of a dance  hall  studio,
  ballroom, gymnasium, or other physical or social training facility which
  requires payment by the person receiving such instruction, or the use of
  such  physical  or social training facilities, between such patron and a
  franchised dealer  shall  be  enforceable  by  the  patron  against  the
  franchise  seller  either  in  requiring  specific  performance  of  the
  contract or in holding said franchise seller responsible for damages for
  a breach thereof.
b. For the purposes of  this  section,  a  "franchise  seller"  is  an
  individual, partnership or corporation which sells to a dealer the right
  to  use  a  certain  name,  reputation, process or course of instruction
  owned by it and which the dealer will make available to individual buyer
  or patron for a consideration or fee.
c. For the purposes of this  section  a  "dealer"  is  an  individual,
  partnership  or  corporation  which contracts with a franchise seller to
  obtain and use the product of the franchise seller for  the  purpose  of
  using,  selling  or making it available to an individual buyer or patron
  for a consideration or fee.
d. For the purposes of this  section  a  "customer",  "individual"  or
  "patron"  is  a  person  who  agrees  to  and  contracts for a course of
  instruction in physical and social skills, or for the  use  of  a  dance
  hall  studio,  ballroom,  gymnasium or other physical or social training
  facility.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-E - Report on Request for Abortional Services.

§  394-e.  Report  on  request for abortional services. 1. It shall be
  unlawful for any person, firm or  corporation  doing  business  in  this
  state  to  furnish  a  report of a referral for abortional services or a
  report of an inquiry or request therefor, to any  person  or  government
  agency unless such person, firm or corporation has reasonable grounds to
  believe  that  the  person or government agency requesting the report is
  (a) a law enforcement agency, or (b) the state department of  health  or
  the  department  of health of the city of New York, or (c) authorized in
  writing by the subject of such report, or (d) unless such  person,  firm
  or  corporation shall have been ordered to furnish such report by a duly
  constituted court having jurisdiction to  issue  such  an  order.  Every
  request  for such a report shall be in writing and identify the name and
  address of the requestor. A request by a law  enforcement  agency  shall
  include  a  sworn  statement  that  the  agency is requesting the report
  solely for law enforcement purposes.
2. A person may bring a civil action for  damages  or  to  restrain  a
  person, firm or corporation from violating this act or both and, in such
  case,  if it is found that such person, firm or corporation has wilfully
  violated this act the violator shall, in addition to any  liability  for
  actual  damages  as may be shown, be liable for exemplary damages of not
  less than one hundred dollars and not more than ten thousand dollars for
  each violation together with costs and reasonable  attorney's  fees  and
  disbursements incurred by the person bringing the action.
3.  Except as provided in this section, no person, firm or corporation
  shall be entitled to claim any privilege, absolute  or  qualified  as  a
  defense  in  any  civil  action  brought  by  a  person aggrieved by the
  publication or dissemination of information  relating  to  referral  for
  abortional services or an inquiry or request therefor.
4.  Any  person  who  requests  or  obtains a report of a referral for
  abortional services or an inquiry or request therefor from  any  person,
  firm  or  corporation under false pretenses or furnishes a report to any
  person except in accordance with this section shall be guilty of a class
  A misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-G - Geofencing of Health Care Facilities.

§  394-g. Geofencing of health care facilities. 1. For the purposes of
  this section, the following terms shall have the following meanings:
a.  "Digital  advertisement"  means  any  communication  delivered  by
  electronic  means  that  is  intended  to  be  used  for the purposes of
  marketing,  solicitation,  or  dissemination  of  information   related,
  directly  or  indirectly,  to  goods or services provided by the digital
  advertiser or a third party.
b. "Geofencing" means a technology that uses global positioning system
  coordinates, cell tower connectivity,  cellular  data,  radio  frequency
  identification,  Wi-Fi data and/or any other form of location detection,
  to establish a virtual boundary of one thousand eight hundred fifty feet
  radius or less or "geofence" around a particular location that allows  a
  digital  advertiser  to  track  the  location  of an individual user and
  electronically deliver targeted digital advertisements directly to  such
  user's  mobile  device  upon  such user's entry into the geofenced area.
  This shall also include the process  of  identifying  whether  a  device
  enters, exits, or is present within a geographic area through the use of
  any   information  stored,  transmitted,  or  received  by  the  device,
  including but not limited  to  latitude,  longitude,  internet  protocol
  address,  wireless internet access information, cell tower connectivity,
  device identification information and/or other forms of location data.
c. "Health care facility" means any  governmental  or  private  entity
  that  provides  medical  care  or  related  services,  including but not
  limited to, those who provide such care pursuant to article twenty-eight
  of  the  public  health  law  or  licensed  under  article   thirty-one,
  thirty-two  or sixteen of the mental hygiene law, including the building
  or structure in which the facility is located.
d. "User" means a natural person who owns or uses a mobile  device  or
  any  other  connected  electronic  device  capable  of receiving digital
  advertisements.
2. It shall be unlawful for any person, corporation,  partnership,  or
  association  to  establish a geofence or similar virtual boundary around
  any health care facility, other than their own health care facility,  as
  defined  pursuant to paragraph c of subdivision one of this section, for
  the purpose of delivering by electronic means a digital advertisement to
  a user, for the purpose of  building  consumer  profiles,  or  to  infer
  health  status, medical condition, or medical treatment of any person at
  or within such health care facility, and it shall be  unlawful  for  any
  person,   corporation,   partnership,   or  association  to  deliver  by
  electronic means any digital advertisement to a user at  or  within  any
  such  health  care  facility, other than their own health care facility,
  through the use of geofencing or similar virtual boundary.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 395 - Required Disclosure of Prior Use.

§ 395. Required disclosure of prior use. 1. Whenever any person, firm,
  corporation   or  association  engaged  in  the  business  of  retailing
  merchandise to the public, or agent, employee  or  sales  representative
  thereof   shall   offer  used,  rebuilt,  reconditioned  or  repossessed
  television or radio receiving  sets,  phonographs,  or  major  household
  appliances,  for  sale  to  the  public,  the seller shall affix to such
  merchandise offered for sale a tag  or  sticker  which  shall  state  as
  appropriate that such merchandise has been used, rebuilt, reconditioned,
  repossessed,  or rebranded and used.  If such merchandise is offered for
  sale to the public by any means of  advertisement,  announcement,  card,
  sign,   label,   tag   or   other   means  of  communication,  the  said
  advertisement, announcement, card, sign, laber, tag or  other  means  of
  communication  must  also contain in the description of such merchandise
  the  appropriate  word  or  words  of  the  following:  used,   rebuilt,
  reconditioned,  repossessed,  or  rebranded  and  used.  Nothing in this
  section shall be construed to apply to merchandise sold as antique goods
  and so advertised or described, jewelry, imported oriental  rugs,  floor
  samples,  nor  to any merchandise returned by a retail customer the cash
  sales price for which is canceled or refunded or fully credited.
2.  A  violation  of  this  section  with  the  intent  to  deceive  a
  prospective  or potential purchaser of such merchandise shall constitute
  a misdemeanor.
3. Proof that any person, firm, corporation or association engaged  in
  the  business of retailing merchandise to the public, or agent, employee
  or sales representative thereof who has  offered  such  merchandise  for
  sale  to  the  public  has failed to comply with subdivision one of this
  section shall be presumptive evidence of the intent to deceive mentioned
  in subdivision two of this section.
4. Upon a showing by the attorney general in  an  application  for  an
  injunction  that any person, firm, corporation or association engaged in
  the business of retailing merchandise to the public, or agent,  employee
  or  sales  representative  thereof  who has offered such merchandise for
  sale to the public has failed to comply with  subdivision  one  of  this
  section,  the  supreme  court  after  a  hearing  may  issue a permanent
  injunction enjoining and restraining such action or  violation,  without
  requiring proof that any person has, in fact, been misled or deceived or
  otherwise damaged thereby.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 395-A - Maintenance Agreements.

§  395-a.  Maintenance agreements. 1. Definitions. For the purposes of
  this section, a "maintenance agreement" shall refer to any  contract  or
  representation whereby the seller or manufacturer of a retail sales item
  or  the  seller  of  a  service contract shall offer the defined service
  and/or parts for an additional fee. Said maintenance  agreement  can  be
  offered at the time of purchase or at a later date.
2.  No  maintenance  agreement  covering parts and/or service shall be
  terminated at the election of the  party  providing  such  parts  and/or
  service  during  the  term  of  the  agreement  unless  prior to or upon
  delivery of a copy of the agreement the buyer  is  notified  in  writing
  that the agreement may be cancelled for:
a. non-payment; or
b.  use  of  the  item  primarily  for commercial purposes, unless the
  agreement so  provides.  When  a  maintenance  agreement  is  terminated
  because  of use of the item primarily for commercial purposes, the party
  providing the parts and/or service must reimburse the  buyer  on  a  pro
  rata  basis  for  the remaining period of time or mileage for the unused
  portion of the maintenance agreement less the cost of any  parts  and/or
  service already provided from the date of termination; or
c.  change in the buyer's residence beyond the disclosed service area,
  except where the buyer provides transportation or shipping to  and  from
  the  site of service. When a maintenance agreement is terminated because
  of a change in the buyer's residence beyond the disclosed service  area,
  either  the  buyer  or  the party providing the parts and/or service may
  terminate the maintenance agreement. Reimbursement to the buyer shall be
  made on a pro rata basis for the remaining period of time or mileage for
  the unused portion of the maintenance agreement from the date of  notice
  of change in the buyer's residence.
3.  Pre-sale  availability of maintenance agreement. Sellers of retail
  products purchased for personal, family  or  household  purposes,  which
  offer maintenance agreements shall provide the buyer with an opportunity
  to  review  the maintenance agreement before it is purchased and provide
  the buyer with a copy of  the  maintenance  agreement  at  the  time  of
  purchase.  The  provisions  of  this section shall not apply to sales by
  mail order companies as defined in section three hundred ninety-six-m of
  this chapter.
4. A violation of the provisions of this section shall  be  punishable
  by a civil penalty of not more than three hundred dollars recoverable in
  an action by the attorney general in the name of the people of the state
  or  by  the  corporation  counsel  for  any  city  or by the appropriate
  attorney of any other political subdivision as shall  be  designated  by
  the governing body of such political subdivision.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-A - Representation by Savings and Loan Association of Insurance on Accounts.

§  396-a.  Representation by savings and loan association of insurance
  on accounts. 1. No savings  and  loan  association,  building  and  loan
  association, cooperative bank or homestead association organized in this
  or  any  other  state,  other  than one whose accounts are insured by an
  agency of the United States and  which  is  specifically  named  in  the
  representation,  shall  in  or from this state, or to any person in this
  state, make any representation, oral or written, that any of its shares,
  certificates  or  accounts  are  insured  or  guaranteed   unless   such
  representation also includes: (a) the name and address of the insurer or
  guarantor,  (b)  the  name  of the state or country where the insurer or
  guarantor is incorporated or organized, (c) the  phrase  "an  agency  of
  (name  of  state)",  if  such  be  the case, or the phrase "a commercial
  company", if such be the  case,  and  (d)  the  maximum  amount  of  the
  insurance  or  guaranty  applicable  to  each  of  its  accounts. If the
  representation of insurance is made in writing, the statements specified
  in (a), (b), (c) and (d) above shall be  set  forth  in  not  less  than
  ten-point type.
2.  Whenever  the  superintendent of financial services shall report a
  violation   of   this   section   to   the   attorney-general   or   the
  attorney-general  shall believe from evidence satisfactory to him that a
  violation of this section has occurred, the attorney-general  may  bring
  an  action  in the name of the superintendent or in behalf of the people
  of the state, as the case may be, to enjoin further  violation.  In  the
  action preliminary relief may be granted as under article sixty-three of
  the civil practice law and rules.
3.  Before  seeking  to  enjoin  a  violation  of  this  section,  the
  attorney-general shall give to the person, association,  corporation  or
  other organization against whom a proceeding is contemplated appropriate
  notice  and an opportunity to show orally and in writing why proceedings
  should not be instituted against him or it.
4. Nothing herein contained shall be construed to  limit  or  restrict
  the application of article twenty-three-A of the general business law to
  savings   and   loan   associations,  building  and  loan  associations,
  cooperative banks or homestead associations.
5. A violation of subdivision one shall constitute a misdemeanor.
2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-AA - Simulated Check.

* §  396-aa.  Simulated  check. 1. As used in this section, "simulated
  check" means any document which is not currency or a check, draft, note,
  bond,  or  other  negotiable  instrument  but  which,  because  of   its
  appearance,  has  the  tendency to mislead or deceive any person viewing
  such document into believing that it, in fact, represents currency or  a
  negotiable  instrument  which  can  be  deposited  in a bank or used for
  third-party   payments.   "Simulated   check"   does   not   include   a
  non-negotiable  check, draft, note or other instrument which is used for
  soliciting orders for the purchase of checks, drafts,  notes,  bonds  or
  other  instruments  and which is clearly marked as a sample, specimen or
  non-negotiable.
2. No person, firm or corporation shall produce, advertise, offer  for
  sale,  sell,  distribute or otherwise transfer for use in this state any
  simulated check unless such document bears the phrase  "THIS  IS  NOT  A
  CHECK"  diagonally printed in clear and conspicuous type on the front of
  such document.
3. Whenever there shall be a violation of this section, an application
  may be made by the attorney general in the name of  the  people  of  the
  state of New York to a court or justice having jurisdiction by a special
  proceeding  to issue an injunction, and upon notice to the respondent of
  not less than five days, to enjoin and restrain the continuance of  such
  violations;  and  if it shall appear to the satisfaction of the court or
  justice that the respondent has, in  fact,  violated  this  section,  an
  injunction  may  be  issued  by  such  court  or  justice, enjoining and
  restraining any further violation,  without  requiring  proof  that  any
  person has, in fact, been injured or damaged thereby. Whenever the court
  shall determine that a violation of this section has occurred, the court
  may impose a civil penalty of not more than one hundred dollars for each
  violation. In connection with any such application, the attorney general
  is  authorized  to  take  proof and make a determination of the relevant
  facts and to issue subpoenas in accordance with the civil  practice  law
  and rules.
* NB There are 2 § 396-aa's