Title GBS, General Business

§ 255. The provisions of this article shall not apply to consumer sales made pursuant to article nine of the personal property law, credit card transactions, consumer sales of personal property or services which could require or entail the execution of a promissory note pursuant…

§ 26. Record open to inspection. The said book and the entries therein, made as provided by the preceding section, shall, at all reasonable times, be open to the inspection of the mayor and the head of the police department of the city in which the auctioneer conducts his busine…

§ 260. Cutting and harvesting ice by adjoining proprietors. Whenever the owner or lessee of lands bordering upon the Hudson river shall require the ice formed in said river between the center thereof and said lands for the purpose of filling any icehouse now erected, or which ma…

§ 261. Protection of rights. Whenever such ice shall have been so staked out, all ice lying between the center of the said river, as hereinafter defined, and such lands, or so much thereof as shall be required for the purpose of filling the icehouse erected thereon, as aforesaid…

§ 262. Center of river defined. The center of such river is hereby defined to be a line halfway between low-water mark on the east bank and low-water mark on the west bank of such river. Where an island intervenes, having an icehouse or icehouses thereon, the center of the river…

§ 263. Catskill creek. This article shall apply to lands bordering upon navigable tide water of the Catskill creek.

§ 264. Mohawk basin, at Green Island. Whenever the owner or lessee of lands contiguous to lands of the state bordering on the Mohawk basin at Green Island, and lying between the lands of such owner or lessee and such basin, shall require the ice formed in such river between the …

§ 265. Ice cutting and ice bridges. A person or corporation cutting ice in or upon any waters within the boundaries of this state for the purpose of removing the ice for sale or use, must surround the cuttings and openings made with fences or guards of boards or other material s…

§ 27. Penalties. Any person who violates or does not comply with the provisions of section twenty-five hereof, or any auctioneer or person engaged in the business of selling goods at auction who shall fail, neglect or refuse to permit or allow an inspection as required by sectio…

§ 270. Unlawful detention of milk cans. No person shall, without the consent of the owner or shipper, or his agent, use, sell, dispose of, buy or traffic in any can, irrespective of its condition, or the use to which it may have been applied, belonging to any dealer in or shippe…

§ 271. Penalty and action to recover. Any person violating any provision of this article shall forfeit to such owner or dealer or shipper or his agent the sum of fifty dollars for every such violation, and an action may be brought therefor in the name of any such agent without j…

§ 272. Search warrant. If at the time of the issue of the summons in a court not of record, the plaintiff or his agent make affidavit that he has reason to believe and does believe that any defendant has any such can or cans secreted upon his premises, the justice or other magis…

§ 273. Railroad or steamboat company may act as agent of owner. The several superintendents of the railroad companies, and the branches and connections thereof, and steamboat lines operating their roads or lines, or any portion thereof, in this state shall have power to collect,…

§ 274. Assistance of police officer or constable. Any person authorized by this article to seize and take into his or her possession any such cans may, in case of resistance, call to his or her aid any police officer or constable of the town, village or city who shall when so ca…

§ 275. Definitions. As used in this article: (a) "Name, mark or device" means any word, name, symbol, picture, design or any combination thereof, produced upon, and used by a person to indicate ownership of vessels, receptacles or utensils. (b) "Person" means any individual, fir…

§ 276. Filing of statement. A person who uses in this state a name, mark or device to indicate ownership of vessels, receptacles or utensils may file in the office of the secretary of state, on a form to be furnished or approved by him, a statement subscribed by such person and …

§ 277. Certificate of filing. Upon compliance with the requirements of this article, the secretary of state shall cause a certificate to be issued and delivered to the person filing the statement. The certificate shall be issued over the signature of the secretary of state and t…

§ 278. Filing under prior law. At the end of twelve months following the effective date of this article, the secretary of state shall cancel all certificates issued under sections three hundred sixty and three hundred sixty-one of article twenty-four of the general business law,…

§ 279. Assignment. The certificate of the filing of any name, mark or device under this article and the benefits obtained thereunder shall be assignable with the sale of the vessels, receptacles or utensils on which the same are produced and used. Assignments shall be made upon …

§ 279-a. Records. The secretary of state shall keep for public examination a record of all names, marks or devices filed under this article.

§ 279-b. Cancellation. The secretary of state shall cancel from the register: (1) Any certificate concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the person filing or from the assignee; (2) Any certificate in respect of whi…

§ 279-c. Deposits on vessels, receptacles or utensils. The requiring, taking, paying or accepting of any deposit for any purpose upon any vessel, receptacle or utensil shall not be deemed to constitute a sale of such property, either optional or otherwise, for the purposes of th…

§ 279-d. Prohibited acts. It is hereby declared unlawful for any person to fill or use, to give, buy, take, destroy, sell or otherwise dispose of, or traffic in, vessels, receptacles or utensils, upon which a name, mark or device which has been filed hereunder is produced, or re…

§ 279-e. Penalties. Any person offending against the provisions hereof shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment of not less than ten days nor more than one year, or by a fine of not less than one dollar nor more than fi…

§ 279-f. Presumption. The possession by any junk dealer or dealer in second-hand materials or articles, without the written consent of the person who filed hereunder or his assignee, of any vessels, receptacles or utensils upon which a name, mark or device has been produced shal…

§ 279-g. Search warrant to discover vessels, receptacles or utensils. Whenever any person who has filed under this article, or his authorized agent, shall make oath before any magistrate or court of competent jurisdiction that he has reason to believe, and does believe, that a v…

§ 279-h. Construction. Nothing in this article shall be construed as preventing the enforcement of rights and remedies under any other statute concerning vessels, receptacles or utensils upon which a name, mark or device indicating ownership thereof has been produced, whether or…

§ 279-i. Saving clause. No suit, proceeding or appeal pending on the effective date of this article shall abate or be affected in any way by reason of the enactment of this article.

§ 28. Limitation. Sections twenty-five, twenty-six and twenty-seven hereof shall apply only to cities of the first class and do not repeal or supersede the provisions of chapter thirty-two, title B, article twenty-one of the administrative code of the city of New York.

§ 280. Duty of carrier as to unclaimed articles. The proprietors of the several lines of stages and the proprietors of the several canal boat lines, and the proprietors of the several steamboats, who shall have any unclaimed trunks, boxes or baggage within their custody, shall i…

§ 281. Description to be made and published. In case there shall not be any information obtained as to the owner, it shall be the duty of the person having the possession thereof, to make out a correct written description of all such property as shall have been unclaimed for thi…

§ 282. Packages to be opened and contents sold; proceeds of sale. In case the said property shall remain unclaimed for sixty days after the said publication, it shall be the duty of the person or company having possession thereof, to apply to a magistrate of the town or city in …

§ 283. Lien for expenses of proceedings. The person making the entry of unclaimed property as above specified, shall be entitled to twelve and a half cents for each trunk, box, bale, package or bundle so entered, and shall have a lien on the property so entered, until payment sh…

§ 284. Penalty for violation of preceding sections. In case any person shall neglect or refuse to comply with the provisions of the preceding sections of this article, he shall forfeit the sum of five dollars for each and every trunk, box or bundle of baggage so neglected as abo…

§ 285. Sale of unclaimed articles by express companies; notice thereof; disposition of proceeds of sale. Every express company, or person engaged in the express business, who shall have had any unclaimed article, goods or things, not perishable, in its or his possession, for a p…

§ 286. Surplus to be paid to owner. Such express company, or person engaged in the express business, shall make an entry of the balance of the proceeds of the sale, if any, of each article, goods or thing directed to the same person, as near as can be ascertained, and at any tim…

§ 287. After five years if unclaimed to be paid to county treasurer. In case such balance shall not be claimed by the rightful owner within five years after the sale as above specified, then it shall be paid to the county treasurer, for the use of the county poor of said county.…

§ 3. Sabbath breaking. A violation of the foregoing prohibition is Sabbath breaking.

§ 300. Standard of domestic distilled spirits. Domestic distilled spirits, at a temperature of sixty degrees Fahrenheit, which have a specific gravity of nine thousand three hundred and thirty-five as compared with the gravity of pure distilled water at the same temperature esti…

§ 302. Storage of petroleum. Crude petroleum, earth or rock oil, or any of its products, shall not be kept on sale or stored in any place or building within the corporate limits of any city in this state, except in the city of New York, unless in detached and properly ventilated…

§ 303. Standard test and storage of refined petroleum and kerosene oil. Refined petroleum or kerosene oil shall not be kept on sale or stored in any such city, the fire test of which shall be less than one hundred and ten degrees Fahrenheit, determined by authorized inspectors u…

§ 304. Standard and storage of illuminating oils. No person shall manufacture or have in his possession or sell or give away for illuminating or heating purposes in lamps or stoves within this state, any oil or burning fluid wholly or partly composed of naphtha, coal oil, petrol…

§ 304-a. Unauthorized manufacture, sale or use of illuminating oils. A person who violates any provision of this article relating to the standard, manufacture, sale, or use or storage of any oil or burning fluid, wholly or partly composed of naphtha, coal oil, petroleum or produ…

§ 305. Inspectors of storage. The inspectors of buildings or other proper authorities in every such city shall make an examination of all the premises where any of the articles or substances specified in the preceding sections of this article are kept or stored, and report any v…

§ 306. Fire and light within one hundred and fifty feet of warehouses in the counties of New York, Kings, Queens and Nassau prohibited. No person shall bring, have, keep or use or suffer or permit to be brought, kept, had or used on board of any ship, vessel, canal boat, barge, …

§ 306-a. Violating law to prevent conflagrations. A person who violates any of the provisions of section three hundred and six of this chapter is guilty of a misdemeanor.

§ 307. Penalties and the enforcement thereof. Every person violating\nthe provisions of this article, relating to the test for refined\npetroleum and oil, shall forfeit to the people of the state the sum of\nfive hundred dollars for each violation.\n Every person violating any p…

§ 308. Retail sale and delivery of certain flammable liquids and kerosene. 1. Definition. As used in this section: "Flammable liquid" shall mean any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test …

§ 32. Licenses to veterans of the armed forces of the United States. 1. Every member of the armed forces of the United States who (a) was honorably discharged from such service, or (b) has a qualifying condition, as defined in section one of the veterans' services law, and has r…

§ 320. Standard of purity. The gas furnished or supplied by any corporation, association, partnership or person in any city of the second class shall be free from sulphuretted hydrogen, to be determined by exposing for thirty seconds a slip of white paper saturated with acetate …