reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-T - Disposal in Compliance With Forms.

§ 750-t. Disposal in compliance with forms. A pet cemetery owner shall
  dispose  of  a pet in compliance with a pet disposal form completed by a
  pet owner or veterinarian.  If  such  pet  is  disposed  of,  either  by
  individual  cremation or individual burial, the pet cemetery owner shall
  within ten days of such disposal send or give a written confirmation  of
  such   disposal   to   the  pet  owner  or  veterinarian,  depending  on
  instructions in pet disposal form, and,  shall  attest  to  the  method,
  date, and place of disposal. If a pet is disposed of either through mass
  cremation  or  mass  burial,  no written confirmation shall be required.
  Copies of all forms shall be retained for a period of  two  years  after
  receipt.  All  pet  remains shall be buried at least twelve inches below
  the surface of the ground or in accordance with  section  three  hundred
  seventy-seven  of the agriculture and markets law in the case of a large
  domestic animal or otherwise disposed of in a sanitary manner.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-U - Veterinary and Agricultural Production Exclusions.

§  750-u.  Veterinary  and agricultural production exclusions. Any pet
cemetery which:
1. (a) is owned by a licensed veterinarian; or
(b) is located on land used in agricultural production;
2. does not allow individual burials;
3. does not allow individual grave markers;
4. does not charge a maintenance fee for the care of pet graves; and
5. does not make any representation that pet graves will be cared  for
or that the land is dedicated;
shall  be  exempt  from  the trust fund provisions provided by section
seven  hundred  fifty-r  of  this  article,  the  dedication  provisions
provided  by  section seven hundred fifty-n of this article and the area
requirement provided by section seven hundred fifty-p of this article.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-UU - Small Pet Cemetery Exclusion.

§  750-uu. Small pet cemetery exclusion. Any pet cemetery which buries
  less than five animals a year, makes  no  representation  that  the  pet
  graves  will  be  cared  for or that the land is dedicated, and does not
  charge a maintenance fee for the care of the pet graves shall be  exempt
  from  the  provisions  of  sections seven hundred fifty-n, seven hundred
  fifty-p and seven hundred fifty-r of this article.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-V - Duties of Pet Cemetery Owners and Operators.

§ 750-v. Duties of pet cemetery owners and operators. All pet cemetery
  owners and operators shall have the following duties:
1.  To  keep permanently maps and records containing the specific site
  of each pet grave, the grave owner's last known  address,  the  date  of
  burial,  the size of such grave, the contract for sale of such grave and
  pet  disposal  forms  provided  however  that  the  provisions  of  this
  subdivision shall apply only to individual burials.
2.  To  keep  complete  records  of the names of trustees of any trust
  accounts and complete records of all trust fund money.
3. To clearly inform customers of the  option  of  paying  maintenance
  fees  for care of pet graves, including costs and benefits for permanent
  care for pet graves and annual care for pet graves.
4. To cooperate with all reasonable requests of  inspectors  appointed
  by   the   secretary   of  state  to  inspect  pet  cemeteries  and  pet
  crematoriums.
5. To provide notice to customers about hours that the  cemetery  will
  open to customers to view pet graves.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-W - Separability Clause.

§ 750-w. Separability clause. If any part or provision of this article
  or  the  application  thereof  to any person or circumstance be adjudged
  invalid by any court of competent jurisdiction, such judgment  shall  be
  confined in its operation to the part, provision or application directly
  involved  in  the  controversy  in  which  such judgment shall have been
  rendered and shall not affect or impair the validity of the remainder of
  this  article  or  the  application  thereof   to   other   persons   or
  circumstances  and  the  legislature  hereby declares that it would have
  enacted this article or the remainder thereof had the invalidity of such
  provision or application thereof been apparent.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 751 - Legislative Intent.

§  751.  Legislative intent. It is hereby determined and declared that
  supervision by the state of the sale of dogs or cats by pet  dealers  is
  within  the  public  interest  and  for  the purpose of safeguarding the
  public and insuring the humane treatment of such animals by guaranteeing
  the good health of such dogs or cats in the course of such transactions,
  or providing other alternatives to the consumer.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 753-A - Veterinarian Examination.

§  753-a.  Veterinarian  examination.  1. Within five business days of
  receipt, but prior to the sale of any dog or cat, the pet  dealer  shall
  have  a  duly  licensed  veterinarian  conduct  an examination and tests
  appropriate to the breed and age to determine  if  the  animal  has  any
  medical  conditions  apparent  at  the  time  of  the  examination  that
  adversely affect the health of the animal. For animals  eighteen  months
  of  age  or  older,  such  examination  shall include a diagnosis of any
  congenital conditions that adversely affect the health  of  the  animal.
  Any  animal  diagnosed  with  a  contagious disease shall be treated and
  caged separately from healthy animals in accordance  with  section  four
  hundred one of the agriculture and markets law.
2.  All animals shall be vaccinated as required by state or local law.
  Veterinary care appropriate to the species  shall  be  provided  without
  undue  delay  when  necessary. Each animal shall be observed each day by
  the  pet  dealer  or  by  a  person  working  under  the  pet   dealer's
  supervision.
3.  No pet dealer shall knowingly sell any animal that has a diagnosed
  congenital condition or contagious disease that  adversely  affects  the
  health  of  the animal without first informing the consumer, in writing,
  of such condition.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 753-D - Construction With Other Laws.

§  753-d.  Construction with other laws. Nothing in this article shall
  be construed to (a) limit or restrict agents or  officers  of  societies
  for  the  prevention  of cruelty to animals or the police from enforcing
  articles twenty-six and twenty-six-A of the agriculture and markets  law
  or  any  other  law  relating to the humane treatment of, or cruelty to,
  animals, (b)  limit  or  restrict  any  municipality  from  enacting  or
  enforcing  any  authorized  local  law, rule, regulation or ordinance of
  general application to businesses governing public health, safety or the
  rights of consumers, or (c) limit  or  restrict  any  municipality  from
  enacting  or  enforcing  a  local  law,  rule,  regulation  or ordinance
  governing pet  dealers,  as  such  term  is  defined  in  this  article,
  including  a  law, rule, regulation or ordinance governing the health or
  safety of animals acquired or maintained by pet dealers, the  source  of
  animals  sold or offered for sale by pet dealers, and the spay or neuter
  of such animals; provided, however,  that  any  such  local  law,  rule,
  regulation  or  ordinance shall be no less stringent than the applicable
  provisions of this article and may not result in essentially banning all
  sales of dogs or cats raised  and  maintained  in  a  healthy  and  safe
  manner.  Where any penalty may be authorized for the violation of such a
  local law, rule, regulation or ordinance, the authorized penalty in such
  local law, rule, regulation or ordinance may not exceed a civil  penalty
  of  up to five hundred dollars. Where a municipality adopts such a local
  law, rule, regulation or ordinance  that  is  more  stringent  than  the
  applicable provisions of this article, such municipality shall have sole
  responsibility   for  enforcement  of  such  law,  rule,  regulation  or
  ordinance that is more stringent than the applicable provisions of  this
  article.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 753-E - Prohibited Contracts.

§  753-e.  Prohibited contracts. No contract for the purchase of a dog
  or a cat or the financing of such purchase shall include any  provisions
  which  authorize the use of a dog or a cat as security where such dog or
  cat may be repossessed  by  the  seller  or  lender  contingent  on  the
  purchaser  making  payments  under  such  contract.  Provided,  however,
  nothing in this section shall prohibit the purchase  of  a  dog  or  cat
  through  an  unsecured  personal  loan,  nor  be  construed to limit the
  enforcement of other provisions of this article, article twenty-six-a of
  the agriculture and markets law or other rights or  remedies  which  are
  otherwise available to all parties under any other law.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 753-F - Sale of Dogs, Cats and Rabbits Prohibited.

* §  753-f. Sale of dogs, cats and rabbits prohibited. 1. A retail pet
shop as defined in this article shall not sell, lease, offer  to  lease,
offer  to  sell, barter, auction, or otherwise transfer ownership of any
dog, cat or rabbit. This section shall not be construed  to  prohibit  a
retail  pet  shop  from  collaborating  with  the  following entities to
provide space to showcase dogs, cats or rabbits owned by  such  entities
for  the  purpose  of  adoption;  any  duly incorporated society for the
prevention of cruelty to animals, duly incorporated humane society, duly
incorporated animal protective association or  other  duly  incorporated
animal adoption or animal rescue organization that:
(a)  is  exempt from taxes pursuant to paragraph (3) of subsection (c)
of section 501 of the federal Internal Revenue Code, 26 U.S.C.  501,  or
any  subsequent  corresponding  sections of the federal Internal Revenue
Code, as from time to time amended;
(b) is registered with the department pursuant to section four hundred
eight of the agriculture and markets law;
(c) is not affiliated with, or housed on the premises of a breeder  or
broker  that  does  not  obtain  dogs, cats or rabbits from a breeder or
broker in exchange for payment or compensation; and
(d) does not resell dogs, cats or rabbits obtained from a  breeder  or
broker or provide payment or compensation to such breeder or broker.
2.  This section shall not prohibit a retail pet shop from receiving a
reasonable rental fee for space to showcase dogs, cats  or  rabbits  for
adoption at such retail pet shop.
* NB Effective December 15, 2024
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 754 - Notice.

§  754.  Notice.  Every  pet  dealer who sells an animal to a consumer
  shall post a notice clearly visible to  the  consumer  and  provide  the
  consumer  at  the  time of sale with a written notice, printed or typed,
  setting forth the rights provided under this article. Such notices shall
  be prescribed by  the  commissioner,  but  the  written  notice  may  be
  contained  in  a  written  contract,  an  animal  history certificate or
  separate document, provided such notices are in ten-point boldface type.
  No pet dealer shall restrict or diminish by contract or  otherwise,  the
  rights provided under this article.
2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 755 - Penalties and Enforcement.

§ 755. Penalties and enforcement. 1. In addition to the other remedies
  provided,   whenever  there  shall  be  a  violation  of  this  article,
  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 article, 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  article  has occurred, the court may impose a civil
  penalty of not less than one hundred  dollars  and  not  more  than  one
  thousand  dollars. 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.
1-a.  Any  person  who violates any provision of section seven hundred
  fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
  or seven hundred fifty-three-e of this article may also  be  subject  to
  denial,  suspension,  revocation  of,  or  refusal to renew a pet dealer
  license, in accordance with the  provisions  of  sections  four  hundred
  three and four hundred four of the agriculture and markets law.
2.  The provisions of this article may be enforced concurrently by the
  director of  a  municipal  consumer  affairs  office,  or  by  the  town
  attorney,   or  city  corporation  counsel,  and  all  moneys  collected
  thereunder shall be retained by such municipality or local government.
2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 756-C - Retention.

§  756-c.  Retention.  By  mutual agreement of the relevant parties an
  owner may retain no more than five per centum of  the  contract  sum  as
  retainage.  A  contractor  or subcontractor may also retain no more than
  five per centum for retainage and in no case shall retainage exceed  the
  actual  percentage retained by the owner. Retainage shall be released by
  the owner to the contractor no later than thirty days  after  the  final
  approval of the work under a construction contract. In the event that an
  owner  fails  to  release  retainage as required by this article, or the
  contractor or subcontractor fails to release a proportionate  amount  of
  retainage  to  the  relevant parties after receipt of retainage from the
  owner, the owner, contractor, or subcontractor,  as  the  case  may  be,
  shall  be  subject to the payment of interest at the rate of one percent
  per month on the date retention was due and owing.
2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 756-D - Exceptions for Failure of Lender to Disburse Funds.

§  756-d. Exceptions for failure of lender to disburse funds. The date
  of payment required by the owner, the  contractor  and/or  subcontractor
  pursuant  to section seven hundred fifty-six-a of this article, shall be
  extended  to  the  seventh  day   after   the   owner,   contractor   or
  subcontractor,  as  the case may be, receives loan proceeds necessary to
  make such payment in the event that:
1. the owner, contractor or subcontractor, as the  case  may  be,  has
  obtained  a  loan  intended  to  pay for all or part of the construction
  contract;
2. the owner, contractor or subcontractor, as the  case  may  be,  has
  timely requested disbursement of proceeds from that loan; and
3.  the  lender  is legally obligated to disburse such proceeds to the
  owner, contractor or subcontractor, as the case may be, but  has  failed
  to do so in a timely manner.
2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 756-E - Exceptions for Lower Manhattan Reconstruction.

§ 756-e. Exceptions for lower Manhattan reconstruction. The provisions
  of  this  article  shall not apply to any construction contracts for the
  reconstruction,  alteration,  moving  or  demolition  of  any  building,
  structure  or  improvement,  or  relating  to  the  excavation of or any
  development or improvement to land in and around the world trade  center
  necessitated  by  the  September  eleventh,  two  thousand one terrorist
  attack on such center.
2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 757 - Void Provisions.

§  757.  Void  provisions.  The  following  provisions of construction
  contracts shall be void and unenforceable:
1. A provision, covenant, clause or understanding in, collateral to or
  affecting a construction contract, with the exception of a contract with
  a material supplier, that makes the contract  subject  to  the  laws  of
  another  state  or  that  requires  any litigation, arbitration or other
  dispute resolution proceeding arising from the contract to be  conducted
  in another state.
2. A provision, covenant, clause or understanding in, collateral to or
  affecting  a  construction contract stating that a party to the contract
  cannot suspend performance under the contract if another  party  to  the
  contract fails to make prompt payments under the contract.
3. A provision, covenant, clause or understanding in, collateral to or
  affecting  a construction contract stating that expedited arbitration as
  expressly provided for and in the manner established  by  section  seven
  hundred  fifty-six-b  of  this  article  is  unavailable  to one or both
  parties.
4. A provision, covenant, clause or understanding in collateral to  or
  affecting  a construction contract establishing payment provisions which
  differ from those established in  subdivision  three  of  section  seven
  hundred fifty-six-a and section seven hundred fifty-six-b as applicable.
2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 758 - Severability.

§  758.  Severability. If any clause, sentence, paragraph, subdivision
  or part of this article, or the application thereof  to  any  person  or
  circumstance,  shall  be adjudged by any court of competent jurisdiction
  to be invalid or  unconstitutional,  such  judgment  shall  not  affect,
  impair or invalidate the remainder thereof, but shall be confined in its
  operation  to  the  clause,  sentence, paragraph, subdivision or part of
  this article, or in its  application  to  the  person  or  circumstance,
  directly  involved  in the controversy in which such judgment shall have
  been rendered.
2023 New York Laws › GBS - General Business › Article 35-F - Fire Sprinkler Information › 759 - Definitions.

* §  759.  Definitions. When used in this article, the following terms
  shall have the following meanings:
1. "Builder" means  any  person,  corporation,  partnership  or  other
  entity  contracting  with  an  owner  for  the construction of a one- or
  two-family residential dwelling having less than three stories.
2. "Buyer" means any person or persons  who  have  contracted  or  who
  intend  to  contract  with  a  builder for the construction of a one- or
  two-family residential dwelling having less than three stories.
* NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014
2023 New York Laws › GBS - General Business › Article 35-F - Fire Sprinkler Information › 759-A - Disclosure of Automatic Fire Sprinkler System Information.

* §  759-a. Disclosure of automatic fire sprinkler system information.
  A builder of a one- or two-family residential dwelling having less  than
  three  stories,  prior  to  entering into a contract for construction of
  such dwelling with a buyer, shall provide  the  buyer  with  a  copy  of
  written  materials prepared by the office of fire prevention and control
  pursuant to subdivision twenty-one of section one hundred  fifty-six  of
  the  executive  law,  which details the benefits of and includes factors
  that  can  affect  the  costs  associated  with  the  installation   and
  maintenance  of  an  automatic  fire sprinkler system. The builder shall
  further provide an estimate of the  cost  for  the  installation  of  an
  automatic  fire  sprinkler  system in such dwelling. Upon request of the
  buyer, the builder shall, at the buyer's expense, install  an  automatic
  fire  sprinkler  system  in such one- or two-family residential dwelling
  having less than three stories.
* NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014
2023 New York Laws › GBS - General Business › Article 36 - Protection of Underground Facilities › 762 - Duties of Local Governments.

§  762.  Duties  of  local  governments.  The  local governments shall
  display in  an  appropriate  location  and  provide  a  notice  to  each
  applicant  for  an  excavation  and  demolition permit that informs them
  about their responsibilities under the law and  regulations  to  protect
  underground  facilities and the existence, operation and programs of the
  one-call notification system. Any local government which  contracts  for
  excavation of underground facilities shall require the excavator to have
  completed  the  training  and education program provided by the one-call
  notification system pursuant to  this  article  or  any  other  provider
  authorized  by the public service commission to administer such training
  and education program. Such training and education program shall be made
  available in-person and online. The cost of such training and  education
  program  shall  not exceed twenty-five dollars and shall not be required
  more than once per five year period.
2023 New York Laws › GBS - General Business › Article 36 - Protection of Underground Facilities › 763 - Duties of Operators.

§  763.  Duties of operators. 1. Every operator shall participate in a
  one-call notification system.
2. Upon receipt of the  notification  provided  for  by  this  article
  either  directly  from  the  excavator or from the one-call notification
  system and pursuant to the rules and regulations adopted by  the  public
  service  commission  pursuant  to  section one hundred nineteen-b of the
  public service law, an operator shall advise the excavator in  a  timely
  manner  of  those of its underground facilities that will be affected by
  the proposed excavation or demolition.
3. The operator shall accurately and with due care designate within  a
  reasonable  period of time the location of its underground facilities in
  the manner and during the  time  period  set  forth  in  the  rules  and
  regulations adopted by the public service commission pursuant to section
  one hundred nineteen-b of the public service law.
4.  Any  operator  which  performs  or contracts for the excavation of
  underground facilities shall require the excavator to have completed the
  training and education program provided  by  the  one-call  notification
  system  pursuant to this article or any other provider authorized by the
  public service commission to  administer  such  training  and  education
  program.  Such  training  and  education program shall be made available
  in-person and online. The cost of such training  and  education  program
  shall not exceed twenty-five dollars and shall not be required more than
  once  per  five  year  period. In the case of an operator subject to the
  jurisdiction of the public service commission, a training and  education
  program  that  is  subject  to audit by the department of public service
  shall also satisfy the requirement herein.
2023 New York Laws › GBS - General Business › Article 36 - Protection of Underground Facilities › 764 - Duties of Excavators.

§  764. Duties of excavators. 1. No excavator shall commence or engage
  in any excavation or demolition unless and until timely notice is served
  of the location and date of the proposed  excavation  or  demolition  as
  provided   in   this  article  to  operators  who  maintain  underground
  facilities in the area in which the excavation or demolition is to  take
  place. The provision of such notice to a one-call notification system is
  deemed  to  be  compliance with this section; and notice to the one-call
  notification center is notice to  each  member.  Such  notice  shall  be
  served  in  accordance  with  the  rules  and regulations adopted by the
  public service commission pursuant to section one hundred nineteen-b  of
  the public service law.
2.  Prior  to any excavation or demolition, the excavator shall verify
  the precise location of the underground facilities in a manner set forth
  in the rules and regulations adopted by the  public  service  commission
  pursuant to section one hundred nineteen-b of the public service law.
3.  An  excavator may proceed with such work if he has received notice
  from each operator notified by  the  one-call  system  that  it  has  no
  underground facility in or within fifteen feet of the proposed work area
  or  that  the  operator  marked  any  underground facility located in or
  within fifteen feet of the proposed work area.
4.  An  excavator  engaged  in  excavation  or  demolition  shall   be
  responsible  for protecting and preserving the staking, marking or other
  designation by the operator until no longer required for proper and safe
  excavation or demolition work  at  or  near  the  underground  facility,
  maintain  clearance  between  the  underground facility, and the cutting
  edge or point of any  equipment  to  avoid  damage  to  the  underground
  facility  and  provide  support to and prevent damage to any underground
  facility or its protective coating, in the means and  according  to  the
  methods  set  forth  in  the rules and regulations adopted by the public
  service commission pursuant to section one  hundred  nineteen-b  of  the
  public service law.
5.  In  the  event  of  contact  with  and/or damage to an underground
  facility, the excavator shall immediately notify  the  operator  of  the
  facility  and  no  backfilling  shall  be  done  by  the excavator until
  inspection and/or repairs have been made by the operator and no  repairs
  shall  be  undertaken by the excavator until authorized by the operator.
  In the event of an electrical short or the escape of  gas  or  hazardous
  fluids  endangering  life,  the  excavator  shall immediately notify the
  operator of the electric, gas or hazardous liquid  underground  facility
  and  911,  and  all  persons  who  might be endangered and assist in the
  evacuation of such persons.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 771-A - Responsibilities of Home Improvement Contractors.

§  771-a.  Responsibilities  of  home improvement contractors. No home
  improvement contractor shall engage in  any  activity,  transaction,  or
  course  of  business or pay or receive any fee, payment, money, or other
  thing of value in connection with the financing of  a  home  improvement
  contract  without fully disclosing such activity, transaction, or course
  of business and any fees, payment, or other thing of value paid or to be
  paid in connection therewith, and without having obtained the  agreement
  in  writing from all parties to the transaction to such activity and the
  payment therefor.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 772 - Penalty for Fraud.

§  772. Penalty for fraud. 1. Any owner who is induced to contract for
  a  home  improvement,  in  reliance  on  false  or  fraudulent   written
  representations  or  false  written statements, may sue and recover from
  such contractor a  penalty  of  five  hundred  dollars  plus  reasonable
  attorney's  fees,  in  addition to any damages sustained by the owner by
  reason of such statements or representations. In addition, if the  court
  finds  that  the  suit by the owner was without arguable legal merit, it
  may award reasonable attorney's fees to the contractor.
2. Nothing  in  this  article  shall  impair,  limit,  or  reduce  the
  statutory,  common  law  or  contractual  duties  or  liability  of  any
  contractor.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 773 - Violations.

§  773.  Violations.  1.  Technical violations. Every home improvement
  contractor who violates any of the provisions of this article  shall  be
  subject to a civil penalty not to exceed one hundred dollars.
2. Substantial violations. Every home improvement contractor who fails
  to  deposit  funds in an escrow account or provide a bond or contract of
  indemnity or  irrevocable  letter  of  credit  in  compliance  with  the
  requirements  of  section seventy-one-a of the lien law, or who fails to
  provide  a  written  contract  substantially  in  compliance  with   the
  requirements of this article, shall be subject to a civil penalty not to
  exceed  the  greater  of two hundred fifty dollars for each violation or
  five percent of the aggregate  contract  price  specified  in  the  home
  improvement  contract;  provided,  however,  that  in no event shall the
  total penalty exceed twenty-five hundred dollars for each contract.
3. Mitigating factors; defenses. In an instance where  the  contractor
  has  been shown to have committed multiple violations of this article or
  the provisions of section seventy-one-a of the lien law, the court shall
  consider the following factors in assessing a civil penalty pursuant  to
  subdivision  two  of this section: the volume of business which the home
  improvement contractor performs  on  an  annual  basis,  the  number  of
  contracts  in  violation,  the  actual  financial  loss  or  exposure to
  financial loss suffered by any owner as a result of the violations,  and
  whether the home improvement contractor acted in good faith or willfully
  with respect to such violations. No home improvement contractor shall be
  subject  to  the increased penalties provided by subdivision two of this
  section if such contractor shows by a preponderance of the evidence that
  the violation was not intentional and resulted from a  bona  fide  error
  made notwithstanding the maintenance of procedures reasonably adopted to
  avoid such a violation.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 774 - Action by the Attorney General.

§  774.  Action  by the attorney general. 1. Upon any violation of the
  provisions of this article, 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 to issue an injunction, and upon notice to
  the defendant of not less than five days, to  enjoin  and  restrain  the
  continuance  of the violation. If it shall appear to the satisfaction of
  the court or justice that the defendant has violated  this  section,  an
  injunction  may  be  issued  by  the  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 eight thousand
  three hundred three of the civil practice  law  and  rules,  and  direct
  restitution.
In  connection  with  an  application  made  under  this  section, the
  attorney general is authorized to take proof and to make a determination
  of the relevant facts and to issue  subpoenas  in  accordance  with  the
  civil practice law and rules.
2.  The provisions of this article may be enforced concurrently by the
  director of  a  municipal  consumer  affairs  office,  or  by  the  town
  attorney,  city  corporation  counsel,  or  other  lawful  designee of a
  municipality or local government, and all  moneys  collected  thereunder
  shall be retained by such municipality or local government.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 775 - Applicability.

§  775.  Applicability.  This  article shall not exempt any contractor
  subject to its provisions from complying with any local law with respect
  to the regulation of home improvement  contractors,  provided,  however,
  that  after the effective date of this article, no political subdivision
  may enact a local law inconsistent with the provisions of section  seven
  hundred seventy-one of this article.
2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 776 - Severability.

§  776.  Severability. If any clause, sentence, paragraph, subdivision
  or part of this article or the application thereof to any  person,  firm
  or  corporation,  or  circumstance,  shall  be  adjudged by any court of
  competent jurisdiction to be invalid or unconstitutional, such  judgment
  shall  not affect, impair or invalidate the remainder thereof, but shall
  be confined  in  its  operation  to  the  clause,  sentence,  paragraph,
  subdivision,  or  part  of  this  article;  or in its application to the
  person, firm or corporation, or circumstance, directly involved  in  the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › GBS - General Business › Article 36-C - Down Payments in the Purchase and Sale of Residential Real Estate › 778 - Definitions.

§  778.  Definitions.  When used in this article, the following terms,
  unless  the  context  requires  otherwise,  shall  have  the   following
  meanings:
1.  "Bank"  means  a  bank,  trust  company, savings bank, or state or
  federal savings and loan association which is located within this state.
2. "Contract" means a written agreement between a seller and buyer for
  the sale and purchase of a home.
3. "Down payment" means a contract deposit or similar  advance  toward
  the  purchase  price  of  a  home  that a buyer gives to an escrow agent
  pursuant to the provisions of a contract.
4. "Escrow agent" means a person, other than a  seller,  who  holds  a
  buyer's down payment deposit pursuant to the provisions of a contract.
5.  "Home"  means  an  existing, previously occupied one or two-family
  dwelling intended to be used primarily as a residence, or a  residential
  unit  in  a  multi-unit  structure in which title or shares of stock are
  transferred to buyers under a condominium or cooperative regime. It does
  not mean a mobile home as defined in section seven hundred twenty-one of
  this chapter.
2023 New York Laws › GBS - General Business › Article 36-C - Down Payments in the Purchase and Sale of Residential Real Estate › 778-A - Contracts Requiring Down Payments in Escrow.

§  778-a.  Contracts  requiring  down payments in escrow. 1. An escrow
  agent who undertakes to hold a buyer's down payment in the purchase  and
  sale  of  a  home  shall  have the fiduciary obligation to segregate and
  safeguard the buyer's down payment in a special bank account, and  shall
  not  commingle  such  down  payment  with the escrow agent's personal or
  business funds.
2. A contract which requires that a down payment  be  held  in  escrow
  shall  identify  the escrow agent and the bank in which the down payment
  shall be deposited during the term of the escrow.
3. An escrow agent shall not be required to maintain a down payment in
  a bank account which is separate from all other bank accounts,  provided
  the escrow agent's books of account and banking records shall accurately
  show the allocation to each owner of all funds that are deposited in the
  escrow agent's special bank account and all transactions relating to the
  receipt and disbursement of escrow funds.
4.  Unless  the contract provides otherwise, an escrow agent shall not
  be required to deposit the down  payment  in  an  interest-bearing  bank
  account. If the escrow agent is an attorney admitted to practice in this
  state, a bank account authorized by section four hundred ninety-seven of
  the judiciary law shall be a lawful depository for down payments held by
  the attorney in escrow.
5.  The  provisions  of  this  section  may  be  modified by a written
  agreement signed by the buyer, seller and escrow agent.
6. The provisions of this section are not exclusive and do not relieve
  a  buyer,  seller  or  escrow  agent  from  compliance  with  all  other
  applicable  provisions  of  law,  or  from  civil  or criminal liability
  imposed by other applicable provisions of law.
2023 New York Laws › GBS - General Business › Article 37 - Deposits on Construction of New Homes › 780 - Definitions.

§  780.  Definitions.  When used in this article, the following terms,
  unless  the  context  requires  otherwise,  shall  have  the   following
  meanings.
1.  "Vendee"  means  any individual or individuals who have contracted
  with a vendor for construction of a home on land not owned at  the  time
  of such agreement by such individual or individuals.
2.  "Vendor"  means  any  person,  firm,  corporation,  or association
  engaged in the business of erecting or constructing homes.
3. "Home" means a new one or two family dwelling intended to  be  used
  primarily as a residence.
4. "Municipality" means any town, village or city.
5.  "Default" occurs where title to the home is not transferred to the
  vendee because of the failure of the  vendor  to  substantially  perform
  those  provisions of the agreement between the vendor and vendee wherein
  vendor undertook to build or construct a home for the vendee,  or  where
  the vendor becomes insolvent.
6.  "Deposit"  means any moneys given as down payment by the vendee to
  the vendor as required by the vendor prior to the  commencement  of  the
  work  to  be  performed  pursuant to an agreement between the vendor and
  vendee wherein vendor undertook to build or construct  a  home  for  the
  vendee.
7.  "Demand"  means communication of an actual notice to the vendor of
  requests made therein.
2023 New York Laws › GBS - General Business › Article 37 - Deposits on Construction of New Homes › 781 - Security to Be Furnished by Vendor.

§ 781. Security to be furnished by vendor. When a vendor undertakes to
  build  or  construct a home for a vendee, and such vendee is required to
  pay a deposit to such vendor, the  vendor  shall  post  with  the  chief
  fiscal officer of the municipality wherein such home is to be erected or
  constructed, a bond in the amount of such deposit or deposits. Such bond
  shall  be posted within five business days after receipt of said deposit
  or deposits, by the vendor, and shall secure the payment of said deposit
  to the vendee upon the vendor's default. Such bond shall be in such form
  as required by the superintendent of financial services.
2023 New York Laws › GBS - General Business › Article 37 - Deposits on Construction of New Homes › 782 - Alternative to Posting Bond.

§  782.  Alternative  to  posting  bond.  In lieu of posting a bond as
  provided in this article, the vendor shall place the deposit or deposits
  paid to him by the vendee in an interest bearing escrow account  with  a
  bank  as  defined  in  the  banking  law within five business days after
  receipt of such deposit or deposits. Such deposit or  deposits  together
  with  interest  accumulated  thereon  shall  remain  the property of the
  vendee, except as otherwise provided herein.
2023 New York Laws › GBS - General Business › Article 37 - Deposits on Construction of New Homes › 783 - Disposition of Security.

§  783. Disposition of security. 1. Upon transfer of title of the home
  to the vendee  the  bond  posted  pursuant  to  this  article  shall  be
  released,  and  any  funds  held in escrow pursuant to the provisions of
  this article, together with interest accumulated  thereon  shall  become
  the  property  of the vendor, unless otherwise agreed between the vendor
  and vendee.
2. Upon default by the vendor, the vendee may  demand  return  of  his
  deposit  or  deposits  from  the  vendor.  If  the vendor has placed the
  deposit or deposits in an escrow account pursuant to the  provisions  of
  this article, he shall physically transfer the account to the vendee, or
  pay  the  balance of said account to the vendee within fourteen business
  days after the day on which the demand  was  made.  If  the  vendor  has
  posted a bond pursuant to the provisions of this article, the vendee may
  initiate  action for payment thereon if his deposit or deposits have not
  been paid to such vendee by the vendor  within  fourteen  business  days
  after the day in which said demand was made.
2023 New York Laws › GBS - General Business › Article 37 - Deposits on Construction of New Homes › 784 - Penalties and Liabilities.

§  784.  Penalties and liabilities. 1. Failure of the vendor to comply
  with any of the provisions of this  article  is  a  misappropriation  of
  funds and action may be brought by the vendee against the vendor for the
  return  of any moneys advanced. In addition, such vendor shall be liable
  for criminal action pursuant to the provisions  of  subdivision  two  of
  this section.
2.  Failure of the vendor to comply with any of the provisions of this
  article shall be deemed a misdemeanor.
3.  Nothing  in  this  article  shall  impair,  limit  or  reduce  the
  statutory,  common  law or contractual duties or liability of any vendor
  in the construction of a home nor shall these provisions  apply  to  any
  local  law or ordinance which requires the posting of public improvement
  bonds.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 788 - Legislative Intent.

§ 788. Legislative intent. The legislature recognizes and acknowledges
  the  value  of  hearing  aids  to many individuals with hearing loss and
  recognizes the valuable service provided by hearing aid  dispensers  and
  dispensing  audiologists  to  such  individuals  by  providing access to
  appropriate amplification devices and other valuable services related to
  their use. Due to the large number of individuals with hearing loss  who
  do  not  use  hearing  aids,  the legislature furthermore recognizes the
  positive benefits of the increased use of hearing aids. It is the intent
  of the legislature and this  article  to  protect  the  hearing-impaired
  public  by  ensuring  competent,  honest  and  accountable dispensers of
  hearing aids who will protect the health,  safety  and  welfare  of  the
  people of this state.
The  legislature  finds and declares that existing laws regulating the
  dispensing of hearing aids have been ineffective in  providing  adequate
  protection.  To  ensure  against consumer abuses and thereby protect the
  public,  the  legislature  determines  that  more  rigorous   education,
  training  and  business  practice  standards  should be applied to those
  persons registered to dispense hearing aids pursuant to this article. It
  is the intention of the legislature to apply  standards  to  more  fully
  protect  the  general public, and to ensure continued consumer access to
  safe, reliable and appropriate hearing aid dispensing services.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 792 - Hearing Aid Dispensers Account.

§  792. Hearing aid dispensers account. There is hereby established in
  the custody of the state comptroller and the  secretary  a  hearing  aid
  dispensers  account  into  which  all  fees  collected  pursuant to this
  article shall be deposited. The money in such account shall be  utilized
  solely  for the purpose of administering and enforcing the provisions of
  this article.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 793 - Registry.

§  793. Registry. The secretary shall establish a state registry which
  shall list and identify  on  a  county-by-county  basis  all  registered
  hearing  aid  dispensers, trainees, audiologists engaged in the business
  of  dispensing  hearing  aids  and  businesses  registered  pursuant  to
  subdivision  five  of  section seven hundred ninety of this article. The
  registry shall contain all information relevant to the status  of  their
  registration   including   their  standing,  location  of  practice  and
  telephone number.
2023 New York Laws › GBS - General Business › Article 37-A - Registration of Hearing Aid Dispensers › 795 - Renewal of Certificate of Registration or Temporary Certificate of Registration.

§ 795. Renewal of certificate of registration or temporary certificate
  of  registration.  1.  The  secretary  shall  provide  a  method for the
  biennial  review  of  a  certificate  of  registration   and   temporary
  certificate of registration.
2.  The  department  shall  reissue a certificate of registration upon
  receipt of a  renewal  application,  the  renewal  fee,  and  a  written
  statement  affirming compliance with all other requirements set forth in
  this article including evidence of compliance with section seven hundred
  ninety-four of this article. A registrant shall retain, if applicable, a
  certificate from a manufacturer or independent testing agent  certifying
  that the testing room utilized by such registrant meets the requirements
  of   section   seven  hundred  ninety-eight  of  this  article  and,  if
  applicable, a certificate from a  manufacturer  or  independent  testing
  agent  stating  that  all  audiometric  testing  equipment  used  by the
  registrant has been calibrated on an annual basis according to rules and
  regulations  promulgated  by  the  secretary,   consistent   with   ANSI
  requirements  or  in accordance with standards promulgated under article
  one hundred fifty-nine of the education law.
3. Any certificate of registration which is not renewed at the end  of
  the biennial period of registration as prescribed by the secretary shall
  automatically  revert  to  an  inactive  status.  If  the certificate of
  registration has not been renewed within thirty days subsequent  to  the
  biennial expiration date, the secretary shall send notice by mail to the
  last  known  address  of  the  registrant.  Such notice shall advise the
  registrant of  the  inactive  status  and  the  procedures  required  to
  reactivate a valid certificate of registration. Such notice shall detail
  the  criteria  and  fees  to  be  satisfied  for  reactivation.  If such
  registration is not reactivated, on the ninetieth day after the  end  of
  the biennial registration period, such registration shall lapse.
4.   The   department   shall   reissue  a  temporary  certificate  of
  registration valid for a period of  one  year  upon  the  receipt  of  a
  renewal  application,  the renewal fee and a written statement verifying
  continued supervision by a registered hearing aid dispenser.