reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 22 - Monopolies › 342-C - Tolling of the Period of Limitations by Proceedings of the United States.

§  342-c.  Tolling  of the period of limitations by proceedings of the
  United States. Whenever any civil or criminal proceeding  is  instituted
  by  the federal government to prevent, restrain, or punish violations of
  the federal antitrust laws, the running of the period of limitations  in
  respect  of  every  right of action arising under sections three hundred
  forty, three hundred forty-two and three  hundred  forty-two-a  of  this
  article,  based  in  whole or in part on any matter complained of in the
  federal proceeding, shall be  suspended  during  the  pendency  of  said
  proceeding and for one year thereafter; provided, however, that whenever
  the running of the period of limitations in respect of a right of action
  arising  under  sections three hundred forty, three hundred forty-two or
  three hundred forty-two-a of this article is  suspended  hereunder,  any
  action  to  enforce  such right of action shall be forever barred unless
  commenced either within the period of suspension or within the period of
  limitations otherwise prescribed in this article.
2023 New York Laws › GBS - General Business › Article 22 - Monopolies › 345 - Witnesses' Immunity.

§ 345. Witnesses' immunity. Upon any investigation before the attorney
  general  or  his  deputy  or  other officer designated by him, or in any
  criminal proceeding before any court or grand jury, pursuant to or for a
  violation of any  of  the  provisions  of  this  article,  the  attorney
  general,  his deputy or other officer designated by him, or the court or
  grand jury, may confer immunity in accordance  with  the  provisions  of
  section section 50.20 or 190.40 of the criminal procedure law. Provided,
  that  upon  twenty-four hours written notice to the attorney general, in
  any such criminal proceeding at which the attorney general or his deputy
  is not present, immunity may be conferred; but where such notice has not
  been given a witness who has had immunity otherwise  properly  conferred
  upon him shall not be deprived thereof.
2023 New York Laws › GBS - General Business › Article 22 - Monopolies › 347 - Criminal Prosecution.

§  347. Criminal prosecution. The attorney general may prosecute every
  person charged with the commission of a criminal offense in violation of
  the laws of this state, applicable to or in respect of the practices  or
  transactions referred to in this article. In any such prosecution by the
  attorney  general  or  a  district attorney hereunder, the provisions of
  section three hundred ninety-nine, of the  code  of  criminal  procedure
  shall  not  be applicable. In all such 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. A district attorney shall  give  reasonable
  notice  to  the  attorney  general  of intention to prosecute under this
  article and the attorney general may appear in any  criminal  proceeding
  brought under this article. 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.
2023 New York Laws › GBS - General Business › Article 22 - Monopolies › 347-A - Fines Payable to the Office of Victim Services.

§  347-a.  Fines  payable  to the office of victim services. Following
  sentencing for a crime pursuant to section three  hundred  forty-one  of
  this  article  or  upon  a  judgment  pursuant  to section three hundred
  forty-two-a of this article, the court in its discretion  may  determine
  that  any  fine  or  penalty or any portion thereof shall be paid to the
  office of victim services to be expended  for  any  purpose  of  article
  twenty-two  of  the executive law as provided by subdivision nineteen of
  section six hundred twenty-three of such law.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 349-A - Observant Consumer Protection Law.

§  349-a.  Observant  consumer protection law. 1. No person selling or
exposing for sale  any  mezuzah  or  tefillin  which,  to  the  seller's
knowledge,  does  not  satisfy orthodox Hebrew ritual requirements shall
represent, by direct or implied oral or  written  statement,  that  such
mezuzah  or  tefillin  is  kosher  or  meets  orthodox  Hebrew religious
requirements.
2. No manufacturer, fabricator or importer  of  mezuzahs  or  tefillin
shall  sell  or  transfer  for  sale  any mezuzah or tefillin unless the
following truthful consumer information  is  printed  legibly  upon  the
article  itself,  upon  its packaging, or upon a label securely attached
thereto:
(a) the name and address of the manufacturer, fabricator, or importer;
(b) in the  case  of  any  mezuzah  or  tefillin  that,  in  the  form
reasonably  expected  to  be  sold  at retail, is not in accordance with
orthodox Hebrew ritual requirements, the word "non-kosher."
3. No person selling or exposing for  sale  any  mezuzah  or  tefillin
shall  sell  such  article without the accompanying consumer information
specified in subdivision two of this section.
4. Any sale, transfer for sale, or exposure for sale in  violation  of
the  provisions  of  this  section  shall be deemed a deceptive practice
within the meaning of section three hundred forty-nine of this  chapter,
and  any  remedy provided therein shall be available for the enforcement
of this section.
5. (a) "Mezuzah" means the religious article designed to  be  affixed,
according  to Jewish law, to the doorposts of rooms in a home, including
the parchment or other matter upon which passages  from  the  Bible  are
written, and the writing thereon.
(b)   "Tefillin"   means   the   religious   article,  also  known  as
"phylacteries," designed to be worn, according to  Jewish  law,  on  the
upper  arm  and  head during morning prayers, including the parchment or
other matter upon which passages from the Bible are written, the writing
thereon, the capsules in which  the  parchment  is  contained,  and  the
straps affixed thereto.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 349-G - Restrictions on Applications for and Use of Credit Cards and Medical Financial Products.

* §  349-g.  Restrictions  on applications for and use of credit cards
and medical financial products. 1. For purposes  of  this  section,  the
following terms shall have the following meanings:
(a)  "Medical  financial products" shall mean medical credit cards and
third-party medical installment loans.
(b) "Health care provider"  shall  mean  a  health  care  professional
licensed,  registered  or  certified  pursuant  to  title  eight  of the
education law.
(c) "Medical credit card" shall mean a credit  card  issued  under  an
open-end  or  closed-end  plan  offered  specifically for the payment of
health care services, products, or devices provided to a person.
2. It shall be prohibited for any hospital or health care provider, or
employee or agent of a hospital or health care provider, to complete any
portion of an application for medical financial products for the patient
or otherwise arrange  for  or  establish  an  application  that  is  not
completely filled out by the patient.
* NB Effective October 20, 2024
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-A - False Advertising.

§  350-a.  False  advertising.  1.  The term "false advertising" means
  advertising, including  labeling,  of  a  commodity,  or  of  the  kind,
  character,  terms  or  conditions  of any employment opportunity if such
  advertising is misleading in a material respect. In determining  whether
  any  advertising is misleading, there shall be taken into account (among
  other things) not only representations made by statement, word,  design,
  device,  sound  or any combination thereof, but also the extent to which
  the advertising fails to reveal facts material  in  the  light  of  such
  representations with respect to the commodity or employment to which the
  advertising   relates   under   the   conditions   prescribed   in  said
  advertisement, or under such conditions as are customary or  usual.  For
  purposes  of  this  article,  with  respect  to  the  advertising  of an
  employment opportunity, it shall be deemed  "misleading  in  a  material
  respect"  to  either  fail to reveal whether the employment available or
  being offered requires or is conditioned upon the purchasing or  leasing
  of  supplies,  material,  equipment  or  other  property or whether such
  employment is on a commission rather than a fixed salary basis  and,  if
  so,  whether  the  salaries advertised are only obtainable if sufficient
  commissions are earned.
2. An employer shall not be liable under this section as a result of a
  failure to disclose all material facts relating to terms and  conditions
  of  employment if the aggrieved person has not suffered actual pecuniary
  damage as a result  of  the  misleading  advertising  of  an  employment
  opportunity  or  if  the  employer  has,  prior  to the aggrieved person
  suffering any pecuniary damage, disclosed in writing to  that  person  a
  full  and  accurate  description  of  the  kind,  character,  terms  and
  conditions of the employment opportunity.
3. It shall constitute false advertising to display  or  announce,  in
  print  or broadcast advertising, the price of an item after deduction of
  a rebate unless the actual selling price is displayed or announced,  and
  clear  and  conspicuous  notice  is  given  in  the advertisement that a
  mail-in rebate is required to achieve the lower net price.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-B - Disclosures Required in Advertisements Using the Title "Doctor".

§  350-b.  Disclosures  required  in  advertisements  using  the title
  "doctor".  1.  Any  person  who  uses  the  title  "doctor"  in   making
  representations  for  the  purpose  of  inducing, or which are likely to
  induce, directly or indirectly, the purchase of (a)  drugs,  devices  or
  cosmetics,  as  defined  in  section  sixty-eight  hundred  two  of  the
  education law, or (b) other goods  or  services  intended  to  diagnose,
  treat,  mitigate,  prevent  or  cure  any  human  disease, pain, injury,
  deformity, nutritional deficiency or physical condition,  or  which  are
  intended  to  appear  to the purchaser of such goods or services to have
  done so, shall conspicuously disclose the profession in which he or  she
  is licensed, except that, where no license is required by the department
  of education, such person shall conspicuously disclose the major subject
  in  which  the  degree  was  earned and the name of the institution that
  issued  the  degree  provided,  however,  that  such  person  shall   be
  prohibited from using the title "doctor" unless the degree was conferred
  by  an  institution  of  higher  education  authorized  by law to confer
  doctoral degrees in the state where it is located. For the  purposes  of
  this  section,  "conspicuously"  shall  mean  equally  in  size, type or
  prominence  and  positioned  adjacent  to  the   title   "doctor".   The
  requirements  of this subdivision supplement, and shall not be construed
  to limit, the  obligations  of  health  professionals  pursuant  to  the
  education law and regulations thereunder, nor shall they be construed to
  authorize  the  practice  of  any  licensed  profession nor the offer of
  professional services by any unlicensed person.
2. In addition to any civil  penalty  available  under  section  three
  hundred  fifty-d  of  this article, whenever there shall be an actual or
  threatened violation of this section an application may  be  made  to  a
  court or justice having jurisdiction to issue an injunction, upon notice
  to the defendant of not less than five days, to enjoin and restrain such
  actual  or  threatened violation; if it shall appear to the satisfaction
  of the court or justice that the defendant is in fact assuming, adopting
  or using such title or is about to assume, adopt or use such  title  and
  that  the  assumption,  adoption  or  use  of  such title may deceive or
  mislead the public, an injunction may be issued by said court or justice
  enjoining and restraining such actual or  threatened  violation  without
  requiring  proof  that  any  person  has in fact been deceived or misled
  thereby.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-C - Notice of Proposed Action.

§  350-c.  Notice  of  proposed  action.  Before  the attorney-general
  commences an action pursuant to section three hundred  fifty-d  of  this
  article he shall be required to give the person against whom such action
  is  contemplated appropriate notice by certified mail and an opportunity
  to show, either orally or in writing, why  such  action  should  not  be
  commenced. In such showing, said person may present, among other things,
  evidence  that  the  advertisement  is  subject to and complies with the
  rules and regulations of, and the statutes administered by, the  Federal
  Trade  Commission  or  any  official department, division, commission or
  agency of the state of New York.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-D - Civil Penalty.

§   350-d.  Civil  penalty.  (a)  Any  person,  firm,  corporation  or
association or agent or employee thereof who engages in any of the  acts
or  practices stated in this article to be unlawful shall be liable to a
civil penalty of not more than five thousand dollars for each violation,
which shall accrue to the state of New York and may be  recovered  in  a
civil  action  brought  by  the  attorney general. In any such action it
shall be a complete defense that the advertisement  is  subject  to  and
complies   with   the   rules  and  regulations  of,  and  the  statutes
administered by the Federal Trade Commission or any official department,
division, commission or agency of the state of New York.
(b)  Notwithstanding  subdivision  (a)  of  this  section,  any  firm,
corporation  or  association or agent or employee thereof who engages in
any of the acts or practices stated in section three hundred  forty-nine
of  this article to be unlawful in connection with or during an abnormal
disruption of the market shall be liable to a civil penalty of not  more
than  fifteen  thousand  dollars  for  each violation or three times the
actual restitution needed, whichever is greater, which shall  accrue  to
the  state of New York and may be recovered in a civil action brought by
the attorney general. In any such action it shall be a complete  defense
that  the  advertisement  is  subject to and complies with the rules and
regulations of, and the  statutes  administered  by  the  Federal  Trade
Commission or any official department, division, commission or agency of
the  state  of New York. For the purposes of this subdivision, "abnormal
disruption of the market" shall mean any change in the  market,  whether
actual  or  imminently  threatened,  resulting  from  stress of weather,
convulsion of nature, failure or shortage of  electric  power  or  other
source of energy, strike, civil disorder, war, military action, national
or  local  emergency,  or  other  cause of an abnormal disruption of the
market which results in the declaration of a state of emergency  by  the
governor.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-E - Construction.

§ 350-e. Construction. 1. This article neither enlarges nor diminishes
  the  rights  of parties in private litigation except as provided in this
  section.
2. This article does not repeal the provisions of  subdivision  twelve
  of section sixty-three of the executive law.
3.  Any  person  who  has  been  injured by reason of any violation of
  section three hundred fifty or three hundred fifty-a of this article may
  bring an action in his or her own name to enjoin such  unlawful  act  or
  practice, an action to recover his or her actual damages or five hundred
  dollars,  whichever  is greater, or both such actions. The court may, in
  its discretion, increase the award of damages to an amount not to exceed
  three times the actual damages, up to ten thousand dollars, if the court
  finds that the defendant willfully or knowingly violated  this  section.
  The   court  may  award  reasonable  attorney's  fees  to  a  prevailing
  plaintiff.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-F - Exceptions.

§  350-f.  Exceptions.  Nothing  in  this  article  shall apply to any
  television or sound radio broadcasting station or to  any  publisher  or
  printer  of a newspaper, magazine, or other form of printed advertising,
  who broadcasts, publishes, or prints such advertisement.
2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 350-F-1 - After-the-Fact Referral Fees.

§   350-f-1.   After-the-fact  referral  fees.  1.  No  person,  firm,
  partnership, corporation, association, or other entity shall  demand  or
  receive  a  referral  fee or compensation of any kind for (i) a referral
  from any person or other entity relative to finding  a  seller  of  real
  property  after  a  bona  fide  real  estate  listing agreement has been
  signed, (ii) a referral from any person  or  other  entity  relative  to
  finding  a  buyer  for real property after a bona fide offer to purchase
  real property is accepted, or (iii) a referral from any person or  other
  entity  relative  to  finding  real  property  after a bona fide buyer's
  agency agreement has been signed, unless reasonable cause for payment of
  such compensation exists.
2. Any violation of subdivision one of this section shall constitute a
  deceptive act or practice within the meaning of  section  three  hundred
  forty-nine of this article.
2023 New York Laws › GBS - General Business › Article 22-B - Water Treatment Units › 350-G - Definitions.

§  350-g.  Definitions. When used in this article, the following terms
shall have the meaning ascribed to them:
1. "Water treatment unit" shall  mean  a  product,  device  or  system
designed  for personal, family or household use and for which a claim or
claims are made that it will improve the quality of  water  by  reducing
one  or  more  contaminants  through  mechanical,  physical, chemical or
biological processes or combinations thereof. Each model of a system  or
a device shall be deemed a distinct water treatment unit.
2.   "Contaminant"   shall   mean   only   those  physical,  chemical,
microbiological, or radiological substances in water for which a federal
maximum contaminant level exists pursuant to the federal  Safe  Drinking
Water  Act  or  a state maximum contaminant level exists pursuant to the
public health law or a guideline exists which has  been  established  by
the commissioner of health.
3.  "Person" shall mean an individual, corporation, partnership, joint
venture, or any business entity.
4. "Label" shall mean the  written,  printed  or  graphic  matter  (i)
affixed  or  attached to or printed on the water treatment unit, or (ii)
placed on or otherwise made a part of the containers or wrappers of such
units.
5. "Performance data sheet" shall mean a booklet, document,  label  or
other  printed  material  containing,  at  a  minimum,  the  information
required pursuant to section three hundred fifty-i of this article.
6. "Catalogue sale" shall mean any sale by means of  printed  material
received  by  the  consumer,  including  advertisements  in  newspapers,
magazines or similar publications which  contains  the  terms  of  sale,
retail  price,  and  instructions for ordering from which a consumer can
order such unit.
7. "Qualified laboratory" shall mean:
a. A laboratory equipped and staffed to perform water  treatment  unit
product validation testing using, where applicable:
(i)  United  States  Environmental  Protection  Agency  standards  for
drinking  water  quality  and  maximum  contaminant  levels,  or   their
equivalent, and
(ii)  Testing  protocols  developed  pursuant to a peer review process
within the water treatment unit industry; or
b. A laboratory certified under any state's water treatment  unit  law
or  regulation,  provided  that  certification standards are at least as
stringent as those of the state of New York, if any standards exist.
2023 New York Laws › GBS - General Business › Article 23 - Bucket Shops › 351-A - Exhibiting Quotations; Penalty for Violation.

§  351-a.  Exhibiting  quotations;  penalty for violation. Any person,
  firm,   copartnership,    association    or    corporation    receiving,
  communicating,  exhibiting  or displaying in any manner any statement of
  quotations of prices of any  such  securities  or  commodities  with  an
  intent  to  make  or offer to make or to assist in making or offering to
  make any contract prohibited in this article shall be guilty of a felony
  and on conviction thereof shall be punished as provided in the preceding
  section.
2023 New York Laws › GBS - General Business › Article 23 - Bucket Shops › 351-B - Written Statement to Be Furnished; Presumption.

§ 351-b. Written statement to be furnished; presumption. Every person,
  firm,  association,  copartnership  or  corporation  shall  furnish upon
  written demand to any customer, or principal for whom  such  person  has
  executed an order for the actual purchase or sale of any such securities
  or  commodities,  either  for  immediate  or  future delivery, a written
  statement containing the names of the persons from  whom  such  property
  was  bought,  or  to whom it has been sold, as the case may be, the time
  when, place where, the amount of and the price at  which  the  same  was
  either   bought   or  sold;  and  if  such  person,  firm,  association,
  copartnership or corporation shall refuse or  neglect  to  furnish  such
  statement within forty-eight hours after such demand, such refusal shall
  be prima facie evidence that such purchase or sale was made in violation
  of this article.
2023 New York Laws › GBS - General Business › Article 23 - Bucket Shops › 351-C - Corporations; Additional Penalty for Second Offense.

§  351-c.  Corporations;  additional  penalty for second offense. If a
  domestic corporation shall be convicted of a  second  offense  hereunder
  the  supreme court shall have jurisdiction upon an action brought by the
  attorney-general, in the name  of  the  people,  for  that  purpose,  to
  dissolve  such  corporation;  and  if  a  foreign  corporation  shall be
  convicted of a second offense, such court shall have jurisdiction in  an
  action  brought  in  like manner to restrain such corporation from doing
  business in this state.
2023 New York Laws › GBS - General Business › Article 23 - Bucket Shops › 351-E - Witnesses' Immunity.

§  351-e.  Witnesses'  immunity. In any criminal proceeding before any
  court or grand jury for a violation of any of  the  provisions  of  this
  article,  the court or grand jury may confer immunity in accordance with
  the provisions of section 50.20 or l90.40 of the criminal procedure law.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-D - Effect of Prosecution Under Previous Section.

§  352-d.  Effect  of  prosecution  under  previous section. A person,
  partnership, corporation, company, trust or association or any agent  or
  employee   thereof   that,   having  engaged  in  any  act  or  practice
  constituting a violation of section three hundred  fifty-two-c  of  this
  article,   commits  additional  acts  under  such  circumstances  as  to
  constitute a felony, the crime of conspiracy,  petit  larceny,  or  more
  than  one  of  the aforesaid, is punishable therefor, as well as for the
  violation of that  section,  and  may  be  prosecuted  for  each  crime,
  separately or in the same information or indictment, notwithstanding any
  other provision of law.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-F - Description of Realty Bonds.

§  352-f.  Description of realty bonds. Whenever hereafter any person,
  partnership, corporation, company, trust or association, or any agent or
  employee thereof, makes  or  takes  part  in  an  offering  or  sale  of
  securities  described  in  subdivision  one  of  section  three  hundred
  fifty-two-e of this article, and such securities  consist  of  bonds  or
  other evidence of indebtedness, there shall be included in numeral form,
  in  bold  print on the first page of all offering literature employed in
  the solicitation and sale of such securities, the actual  interest  rate
  payable  on  such  securities. Such rate shall not include any return of
  principal.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-G - Exemptions.

§  352-g.  Exemptions.  The  attorney  general,  upon application, may
  exempt from the provisions of sections three hundred fifty-two-e,  three
  hundred  fifty-two-f  and  three  hundred  fifty-two-h  any offerings of
  securities (1) made to persons not exceeding  forty  in  number  or  (2)
  which  securities  have  been  fully  registered with the securities and
  exchange commission of the United States of America or have received  an
  exemption   therefrom  for  reasons  other  than  said  offering  is  an
  intrastate offering to residents of the state of New York only.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-H - Trust Funds.

§  352-h.    Trust  funds.   Whenever hereafter any person, partnership,
  corporation, company, trust or association, offers or  sells  securities
  described  in  subdivision  one  of section three hundred fifty-two-e of
  this article to the public in or from the state of New  York,  then  all
  moneys  received in connection therewith, including deposits or advances
  therefor, shall continue to be the  money  of  the  person  making  such
  purchase,  deposit or advance, and shall be held in trust by the person,
  partnership, corporation, company,  trust  or  association  offering  or
  selling  such  securities  and shall not be commingled with the personal
  moneys or become an  asset  of  the  person,  partnership,  corporation,
  company,  trust  or  association  receiving  the  same, and shall not be
  subject to attachment, levy or other encumbrance  in  any  action  by  a
  third  party  against  such  person,  partnership, corporation, company,
  trust or association;  and  said  funds  shall  remain  in  trust  until
  actually   employed   in   connection   with  the  consummation  of  the
  transaction;  and  in  the  event  insufficient  funds  are  raised   to
  effectuate  the  consummation  of the transaction, or if the transaction
  does not result in the acquisition of the real estate, mortgage or lease
  involved for any reason or reasons, then all moneys  so  collected  less
  such  amounts  actually  employed in connection with the consummation of
  the transaction shall be fully returned to the investors.  Any provision
  of any contract or  agreement  or  understanding,  whether  oral  or  in
  writing,  whereby  a  person who so purchases such securities waives any
  provision of this section is absolutely void.  Nothing herein  contained
  shall be deemed to preclude an action against a defaulting investor.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-I - Injunctive Relief.

§  352-i.  Injunctive  relief.  Any  person, partnership, corporation,
  company, trust or association, or any agent  or  employee  thereof,  who
  violates  any  of  the provisions of sections three hundred fifty-two-e,
  three hundred fifty-two-ee, three  hundred  fifty-two-f,  three  hundred
  fifty-two-g, three hundred fifty-two-h or three hundred fifty-nine-ff of
  this  article  or  of  any  regulations  issued  by the attorney general
  pursuant  thereto  shall  be  deemed  to  have  committed  a  fraudulent
  practice, upon which the supreme court may issue a permanent injunction,
  as  provided  in section three hundred fifty-three of this article, upon
  application by the attorney general.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-J - Application of Article.

§  352-j.  Application  of article. All the provisions of this article
  shall be fully applicable  to  real  estate  syndication  offerings  and
  security  transactions  described  in  subdivision  one of section three
  hundred fifty-two-e  of  this  article,  with  the  exception  that  the
  additional  provisions  contained in sections three hundred fifty-two-e,
  three hundred fifty-two-ee, three  hundred  fifty-two-f,  three  hundred
  fifty-two-g,  three  hundred  fifty-two-h  and three hundred fifty-two-i
  shall also be applicable to such transactions.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 352-L - Coopertive Corporations.

§  352-l.  Cooperative  corporations.  1.  For  the  purposes  of this
  section, "non-occupying owner" shall mean  the  owner  of  shares  in  a
  cooperative  corporation who does not occupy the dwelling units to which
  his or her shares are allocated.
2. If a non-occupying owner rents any dwelling unit to  a  tenant  and
  then  fails  to  make  payments due for maintenance, assessments or late
  fees for such unit within sixty days of  the  expiration  of  any  grace
  period  after  they  are due, upon notice in accordance with subdivision
  three of this section, all rental payments  from  the  tenant  shall  be
  directly payable to the cooperative corporation.
3.  If the maintenance, assessments or late fees due for any unit have
  not been paid in full within sixty days  after  the  expiration  of  any
  grace  period  of  the  earliest  due date, the board of directors shall
  provide written notice to the rental tenant and the non-occupying  owner
  providing  that,  commencing  immediately  and  until  such  time as all
  payments for maintenance, assessments or late fees are made current, all
  rental payments due subsequent to the issuance of such notice are to  be
  made payable to the cooperative corporation at the address listed on the
  notice.  Where  a majority of the board of directors has been elected by
  and from among the owners who are in occupancy, the board may elect  not
  to  require  that  rental  payments  be  made payable to the cooperative
  corporation. At such time as payments for maintenance,  assessments  and
  late fees from the non-occupying owner are once again current, notice of
  such fact shall be given within three business days to the rental tenant
  and  non-occupying  owner.  Thereafter all rental payments for such unit
  shall be made payable to the non-occupying  owner  or  to  a  designated
  agent.  A non-occupying owner who disputes the cooperative corporation's
  claim to rental payments pursuant to this section shall be  entitled  to
  present  facts  supporting  such  owner's position at the next scheduled
  meeting of the board of directors, which must be held within thirty days
  of the date that such board receives notice that  such  owner  seeks  to
  dispute such claim.
4.  Nothing  in this section shall limit any rights of shareholders or
  of the board of directors existing under any other law or agreement.
5. Payment by a rental tenant to the cooperative corporation  made  in
  connection  with  this section shall relieve that rental tenant from the
  obligation to pay such rent to the non-occupying owner and shall  be  an
  absolute  defense  in  any  non-payment  proceeding  commenced  by  such
  non-occupying owner against such tenant for such rent.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 353-A - Receivers.

§  353-a.  Receivers. In any action brought by the attorney-general 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 a civil action 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  by  the  attorney-general as provided in this article the court
  may grant such other and further relief as may be proper.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 354 - Examination of Witnesses and Preliminary Injunction.

§  354.  Examination of witnesses and preliminary injunction. Whenever
  the attorney-general has determined to commence  an  action  under  this
  article,  he  may  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 he 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 made by the attorney-general
  may simply show upon his 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.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 355 - Procedure on Hearing.

§  355.  Procedure  on hearing. The order for such examination must be
  signed by the justice making it and service of a copy  thereof  with  an
  endorsement  by the attorney-general signed by him or his deputy, to the
  effect that the person named  therein  is  required  to  appear  and  be
  examined  at  the  time  and  place  and  before  the justice or 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  delivering  to  and  leaving with him a
  certified copy thereof, endorsed  as  above  provided,  subject  to  the
  payment  of  witness fees and mileage as and when provided to be paid by
  section three hundred fifty-two, subdivision three of  this  article  in
  connection with attendance pursuant to subpoenas authorized to be issued
  under said action. Service of an order pursuant to section three hundred
  fifty-four  of  this  article  may  be  made under section three hundred
  fifty-two-b of this article in cases falling thereunder.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 356 - Powers of Referee.

§  356.  Powers  of referee. 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.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 357 - Application of Provisions of Civil Practice Law and Rules.

§  357. Application of provisions of civil practice law and rules. The
  provisions of the civil practice  law  and  rules  shall  apply  to  all
  actions brought under this article except as herein otherwise provided.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 358 - Criminal Prosecution.

§  358. Criminal prosecution. The attorney-general may prosecute every
  person charged with the commission of a criminal offense in violation of
  the laws of this state, applicable to or in respect of the practices  or
  transactions  which  in  this  article  are  referred  to  as fraudulent
  practices. In all such 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.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359 - Immunity.

§ 359. Immunity. Upon any investigation before the attorney-general or
  his  deputy  or  other  officer  designated  by  him, or in any criminal
  proceeding before any  court  or  grand  jury,  pursuant  to  or  for  a
  violation   of   any   of   the   provisions   of   this   article,  the
  attorney-general, his deputy or other officer designated by him, or  the
  court  or  grand  jury,  may  confer  immunity  in  accordance  with the
  provisions of section 50.20 or 190.40 of the criminal procedure law.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359-A - Appointment of Deputies.

§  359-a.  Appointment  of deputies. For the purposes of this article,
  the attorney-general may in his discretion, and  without  civil  service
  examination,  appoint and employ, and at pleasure remove, such deputies,
  officers and other persons as he deems necessary,  and  determine  their
  duties and fix their compensation.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359-B - Effect of Unconstitutionality of Part of Article.

§  359-b. Effect of unconstitutionality of part of article. Should any
  section or provision of this article be  declared  unconstitutional,  by
  the  decision  of  any  court, such decision shall affect the section or
  provision so declared unconstitutional and shall not  affect  any  other
  section or provision of the article.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359-C - Publication of State Notices.

§  359-c. Publication of state notices. 1. Every state notice filed in
  the department of state pursuant to this article shall be  published  by
  such  department  in  the next issue of the state bulletin following the
  receipt thereof, except that a notice received by  the  department  less
  than  five  days  before  the next issue may be published either in such
  next issue or the next issue but one, at  the  convenience  and  in  the
  discretion of such department.
2. The department of state shall collect a fee of seventy-five dollars
  for  filing  and  publishing  each  state  notice and each further state
  notice.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359-FFF - Chain Distributor Schemes Prohibited.

§  359-fff.  Chain  distributor  schemes  prohibited.  1.  It shall be
  illegal and prohibited for any person, partnership,  corporation,  trust
  or  association,  or any agent or employee thereof, to promote, offer or
  grant participation in a chain distributor scheme.
2. As used herein a "chain  distributor  scheme"  is  a  sales  device
  whereby  a person, upon condition that he make an investment, is granted
  a license or right to solicit or recruit for profit or economic gain one
  or more additional persons who are also granted such  license  or  right
  upon  condition  of  making an investment and may further perpetuate the
  chain of persons who  are  granted  such  license  or  right  upon  such
  condition. A limitation as to the number of persons who may participate,
  or  the presence of additional conditions affecting eligibility for such
  license or right to  recruit  or  solicit  or  the  receipt  of  profits
  therefrom,  does  not  change  the  identity  of  the  scheme as a chain
  distributor scheme. As used herein, "investment" means any  acquisition,
  for  a consideration other than personal services, of property, tangible
  or intangible, and includes  without  limitation,  franchises,  business
  opportunities and services, and any other means, medium, form or channel
  for  the transferring of funds, whether or not related to the production
  or distribution  of  goods  or  services.  It  does  not  include  sales
  demonstration  equipment  and  materials  furnished  at  cost for use in
  making sales and not for resale.
3. A chain distributor scheme shall constitute a security  within  the
  meaning of this article and shall be subject to all of the provisions of
  this article.
2023 New York Laws › GBS - General Business › Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities › 359-H - Destruction of Certain Records, Books and Other Data by the Attorney-General.

§  359-h.  Destruction of certain records, books and other data by the
  attorney-general. Any and all books, registers, cards,  indices,  office
  records and other documentary evidence seized and held by the department
  of  law  under a subpoena or order of the court in proceedings commenced
  under article  twenty-three-a  of  the  general  business  law,  may  be
  destroyed after a period of six years from the date of closing said case
  on  its office records, when no proceeding shall have been instituted to
  compel the return of such records by the defendants.
2023 New York Laws › GBS - General Business › Article 23-B - Transactions With or by Fiduciaries › 359-I - Definitions.

§ 359-i. Definitions. 1. In this article unless the context or subject
  matter otherwise requires:
"Bank"   includes  any  person  or  association  of  persons,  whether
  incorporated or not, carrying on the business of banking.
"Fiduciary" includes a trustee under any  trust,  expressed,  implied,
  resulting    or   constructive,   executor,   administrator,   guardian,
  conservator,  curator,  committee,  receiver,  trustee  in   bankruptcy,
  assignee  for  the  benefit  of  creditors, partner, agent, officer of a
  corporation, public or private, public  officer,  or  any  other  person
  acting in a fiduciary capacity for any person, trust or estate.
"Person" includes a corporation, partnership, or other association, or
  two or more persons having a joint or common interest.
"Principal"  includes  any  person to whom a fiduciary as such owes an
  obligation.
2. An act is done "in good faith" when it is done  in  fact  honestly,
  whether it be done negligently or not.