2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-U - Merchandise Delivery.

§  396-u.  Merchandise  delivery.  1.  Definitions.  As  used  in this
section:
a. "Consumer" means a person who enters into a contract with a  dealer
for the purchase or lease of furniture or a major household appliance.
b.  "Person"  means  any  individual,  firm, partnership, corporation,
association or other legal entity.
c. "Furniture" means any article used to furnish a house, apartment or
place of business or  accommodation,  as  distinguished  from  permanent
fixtures  or  adjuncts,  including  but  not  limited to chairs, tables,
cabinets,  sofas,  carpets,  rugs,  curtains,  bedsteads   and   chests;
provided,  that  such  term  shall  not  mean  any  article  which is in
substantial part custom-made or custom finished.
d. "Major household appliance" means air conditioners, audio or stereo
equipment, washing machines for clothes,  clothes  dryers,  dishwashers,
food  freezers,  refrigerators,  stoves, ranges, ovens, sewing machines,
television sets, tape and video recorders or any other consumer  durable
goods  generally  intended  for household use having a purchase price in
excess of two hundred dollars.
e. "Furniture dealer", "major household appliance dealer" or  "dealer"
means  any  person  who  engages  in  the business of selling or leasing
furniture or major household appliances or both.
2. It shall be an unlawful practice for a furniture or major household
appliance dealer to:
a. Fail to disclose an estimated delivery date, or an estimated  range
of  delivery  dates, conspicuously and in writing on the consumer's copy
of the contract entered into for the sale or lease of furniture or major
household appliance, at the time an order for such merchandise is taken;
b. Fail to deliver the furniture or major household appliance  by  the
latest  date  stated  for  delivery,  unless  the  affected  consumer is
notified:
(1) of the delay and the revised anticipated delivery date or range of
delivery dates; and
(2) of the fact that, upon the expiration of the  latest  date  stated
for  delivery  in  the  original  contract, such consumer shall have the
option of:
(a) canceling the contract and receiving full refund; or
(b) canceling the contract and receiving a credit from the  dealer  in
an amount equal to any deposit made by the consumer; or
(c)  negotiating  a  new delivery date or range of delivery dates with
the dealer which date or range of dates shall thereafter be  the  latest
date   stated  for  delivery  in  the  contract  for  purposes  of  this
subdivision; or
(d) modifying the contract by making a new selection of  furniture  or
major household appliance;
c.  In  the  event that the furniture or major household appliance has
not been delivered by  the  latest  date  stated  for  delivery  in  the
original contract, to fail to honor a consumer's election from among the
options   described   in   subparagraph  two  of  paragraph  b  of  this
subdivision;
d. In the event that a consumer elects  to  cancel  the  contract  and
receive a refund, to fail to make a refund within two weeks of receiving
a demand for such refund.
3. Notwithstanding any other provisions of this section, where a delay
in  delivery  as  determined  from  the original contract is caused by a
strike or by an act of  God,  the  applicable  delivery  date  shall  be
extended  by  an  amount  of time equal to the duration of the strike or
condition giving rise to the delay or thirty days, whichever is less.
4. Where a failure to deliver, or delay in delivery beyond the  latest
day  promised  or  stated  for delivery, is caused solely by a consumer,
such failure or delay shall not constitute an  unlawful  practice  under
this section.
5.  Nothing  herein  contained  shall  be  construed to be a waiver or
limitation of any right of a consumer elsewhere  provided  by  law,  and
nothing  herein  shall  preempt  any  local  statute  or  regulation  or
supersede any contract which is consistent with this  section  or  which
provides greater protection to the consumer.
6. This section shall not apply to mail order merchandise.
7.  A  consumer  injured  by  a violation of this section may bring an
action to recover damages. Judgment may be entered for three  times  the
actual  damages suffered by a consumer or one hundred dollars, whichever
is greater provided, however, that treble damages may  not  be  assessed
against  a  dealer who shows by a preponderance of the evidence that the
violation was not intentional  and  resulted  from  a  bona  fide  error
notwithstanding  the  maintenance  of  procedures  reasonably adopted to
avoid such error. A court also may award reasonable attorney's fees to a
prevailing plaintiff consumer.
8. Upon any violation of this section, an application may be  made  by
the  attorney  general in the name of the people of the state 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  eighty-three
hundred   three  of  the  civil  practice  law  and  rules,  and  direct
restitution.    In  connection  with  an  application  made  under  this
subdivision,  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.