Title GBS, General Business

§ 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 regulatio…

§ 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 faci…

§ 765. Penalties and liabilities. 1. Civil penalties. a. Failure to comply with any provision of this article shall subject an excavator or an operator to a civil penalty of up to four thousand three hundred seventy-five dollars for the first violation and up to an additional se…

§ 766. Rules and regulations. The public service commission shall adopt rules and regulations to implement and enforce the provisions of this article pursuant to section one hundred nineteen-b of the public service law.

§ 767. Separability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of such provision to other persons or circumstance shall not be affected thereby.

§ 77. Removal of bureau, agency or office. If the holder of an unexpired license certificate issued pursuant to this article shall remove the bureau, agency, sub-agency, office or branch office to a place other than that described in the license certificate, he shall, within the…

§ 770. Definitions. As used in this article, the following terms, unless the context requires otherwise, shall have the following meanings: 1. "Person" means a natural person. 2. "Owner" means any homeowner, co-operative shareholder owner, or residential tenant, or any person wh…

§ 771. Contract provisions. 1. Every home improvement contract subject to the provisions of this article, and all amendments thereto, shall be evidenced by a writing and shall be signed by all the parties to the contract. The writing shall contain the following: (a) The name, ad…

§ 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 co…

§ 771-b. Responsibilities of roofing contractors. 1. Every roofing contractor shall enter into a written contract with an owner pursuant to all of the provisions of section seven hundred seventy-one of this article before engaging in the business of roofing, gutter, downspout or…

§ 772. Penalty for fraud. 1. Any owner who is induced to contract for\na home improvement, in reliance on false or fraudulent written\nrepresentations or false written statements, may sue and recover from\nsuch contractor a penalty of five hundred dollars plus reasonable\nattorn…

§ 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 depos…

§ 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…

§ 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 subdivisi…

§ 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 …

§ 777. Definitions. As 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 or sale of a new home. 2. "Building code" means the uniform …

§ 777-a. Housing merchant implied warranty. 1. Notwithstanding the provisions of section two hundred fifty-one of the real property law, a housing merchant implied warranty is implied in the contract or agreement for the sale of a new home and shall survive the passing of title.…

§ 777-b. Exclusion or modification of warranties. 1. Except in the case of a housing merchant implied warranty, the builder or seller of a new home may exclude or modify all warranties by any clear and conspicuous terms contained in the written contract or agreement of sale whic…

§ 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.…

§ 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 …

§ 778-aa. Home heating system conversion. 1. All home improvement contractors as defined in subdivision five of section seven hundred seventy of this chapter or any other person providing an estimate or engaged in the installation of home heating systems shall include in any est…

§ 778-aaa. Definitions. As used in this article, the following terms, unless the context requires otherwise, shall have the following meanings: 1. "Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity. 2. "Real estate s…

§ 778-bbb. Prohibition against unfair service agreements; recording thereof. 1. No unfair real estate service agreement shall be enforceable in the state. 2.(a) No person shall record or cause to be recorded an unfair real estate service agreement or notice or memorandum thereof…

§ 778-ccc. Deceptive acts and practices. Any person in this state who enters into or causes a consumer to enter into an unfair real estate service agreement shall be considered to have violated section three hundred forty-nine of this chapter.

§ 778-ddd. Enforcement; action by the attorney general. Where the attorney general shall have reason to believe that there is an alleged violation of this article based upon, among other things, a consumer report of an alleged violation, the attorney general, in the name of the …

§ 778-eee. Severability. If any provision of this article is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect th…

§ 779. Applicability. Any municipality is hereby authorized to adopt the provisions of this article provided such municipality, after a public hearing, adopts a local law or ordinance providing therefor.

§ 78. Renewal of licenses. A license granted under the provisions of this article may be renewed by the department of state upon application therefor by the holder thereof, in such form as such department may prescribe, accompanied by the non-refundable fee and surety bond each …

§ 78-a. Surrender of licenses. A license issued pursuant to this article may not be surrendered nor may any licensee resign as such licensee without the written approval of the secretary of state or any deputy authorized to act for him.

§ 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 tim…

§ 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 …

§ 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 rec…

§ 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 pr…

§ 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 liab…

§ 785. Waiver prohibited. Any agreement entered into by a vendee which waives, limits or disclaims the rights or obligations set forth in this article shall be void as contrary to public policy.

§ 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 ap…

§ 789. Definitions. As used in this article: 1. "Account" shall mean the hearing aid dispensing account. 2. "Audiologist" means an individual who is licensed under article one hundred fifty-nine of the education law to evaluate hearing, and hearing and communication disorders an…

§ 79. Hearings, notice, determinations, review. 1. The department of state shall have the power to revoke or suspend any license, or in lieu thereof to impose a fine not exceeding one thousand dollars payable to the department of state, or reprimand any licensee or deny an appli…

§ 790. Certificate of registration required; qualifications and\napplication. 1. Any person desiring to be engaged in the dispensing of\nhearing aids in this state shall be registered biennially pursuant to\nthis article. Such person shall file with the secretary an application\…

§ 791. Hearing aid dispensing advisory board. 1. There is created within the department a hearing aid dispensing advisory board which shall consist of thirteen members to be appointed by the secretary: four of whom shall be non-audiologist hearing aid dispensers who shall have b…

§ 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 so…

§ 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 subdiv…

§ 794. Continuing education requirements. 1. Prior to the expiration\nof a certificate of registration and as a condition of renewal, each\nhearing aid dispenser registered pursuant to subdivision one of section\nseven hundred ninety of this article shall submit documentation sh…

§ 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 re…

§ 796. Training program; requirements; examination and re-examination. 1. The secretary, in consultation with the board, shall establish a full-time, twelve month training program for those persons wishing to apply for registration as a hearing aid dispenser, except those hearin…

§ 797. Fees. The secretary shall receive the following fees to be deposited into a special revenue fund - other entitled the "hearing aid dispensers account" for the implementation, operation and enforcement of this article: 1. a nonrefundable fee of fifty dollars from each pers…

§ 798. Business practice; requirements. 1. Every registrant who engages in the dispensing of hearing aids shall have and maintain a principal office or place of business. Each registrant shall report to the secretary the address of each such office or place of business at which …

§ 799. Administration; suspension and revocation of registrations; fines; reprimands. 1. (a) The secretary shall refer each complaint which alleges conduct constituting a violation of article one hundred fifty-nine of the education law committed by an individual licensed pursuan…

§ 8. Trades, manufactures, and mechanical employments prohibited on Sunday. All trades, manufacturers, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity they may be performed on that day in thei…

§ 80. License certificates, pocket cards or badges. Upon the issuing of a license as hereinbefore provided the department of state shall issue to each person, partner, member of a limited liability company or officer of a corporation making and filing a statement required by sec…