Title GBS, General Business

§ 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 inst…

§ 349-h. 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…

§ 35. Municipal regulations. This article shall not affect the application of any ordinance, by-law or regulation of a municipal corporation relating to hawkers and peddlers within the limits of such corporations, but the provisions of this article are to be complied with in add…

§ 35-a. Veterans of the armed forces who vend in cities having a population of one million or more. Subject to the provisions of this section but notwithstanding any inconsistent provisions of any general, special or local law: 1. (a) In cities having a population of one million…

§ 350. False advertising unlawful. False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful.

§ 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 adv…

§ 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 d…

§ 350-b-1. Disclosures required in advertisements using a senior specific designation. 1. For purposes of this section, "senior specific designation" shall mean a title, professional designation, credential, certification, or professional description that indicates the person ha…

§ 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 …

§ 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, w…

§ 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 …

§ 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.

§ 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…

§ 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 imp…

§ 350-h. Water treatment units. 1. No person shall sell, offer for sale, rent, lease or possess for the purpose of resale or distribution any water treatment unit for use in this state unless each water treatment unit has a conspicuous and legible label stating, "IMPORTANT NOTIC…

§ 350-i. Performance data sheet. 1. A performance data sheet shall be provided pursuant to subdivision one of section three hundred fifty-h of this article and made available to the prospective purchaser, renter or lessee, prior to the consummation of any sale, rental or lease o…

§ 351. Acts prohibited; penalty for violation. Any person, copartnership, firm, association or corporation, whether acting in his, their or its own right or as the officer, agent, servant, correspondent or representative of another, who shall: 1. Make or offer to make, or assist…

§ 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 …

§ 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 securitie…

§ 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 diss…

§ 351-d. Definitions. "Bucket shop" shall mean any building, or any room, apartment, booth, office or store therein or any other place where any contract prohibited by this article is made or offered to be made.

§ 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 la…

§ 352. Investigation by attorney-general. 1. Whenever it shall appear to the attorney-general, either upon complaint or otherwise, that in the advertisement, investment advice, purchase or sale within this state of any commodity dealt in on any exchange within the United States …

§ 352-a. Foreign corporation to make designation. 1. If the stocks, bonds or other securities of a foreign corporation, association, common law trust or similar organization are offered or advertised for sale within the state of New York and such corporation, association, common…

§ 352-b. Non-resident brokers, dealers, salesmen and investment advisors; designation of secretary of state as agent for service of process; service of process. 1. Any person, partnership, corporation, company, trust or association resident or having his or its principal place o…

§ 352-c. Prohibited acts constituting misdemeanor; felony. 1. It shall be illegal and prohibited for any person, partnership, corporation, company, trust or association, or any agent or employee thereof, to use or employ any of the following acts or practices: (a) Any fraud, dec…

§ 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, co…

§ 352-e. Real estate syndication offerings. 1. (a) It shall be illegal and prohibited for any person, partnership, corporation, company, trust or association, or any agent or employee thereof, to make or take part in a public offering or sale in or from the state of New York of …

§ 352-ee. Conversion of non-residential property to residential cooperative or condominium ownership. 1. The attorney general shall refuse to issue a letter stating that the offering statement or prospectus required in subdivision one of section three hundred fifty-two-e of this…

§ 352-eee. Conversions to cooperative or condominium ownership in\ncertain cities, towns and villages located in the counties of Nassau,\nWestchester and Rockland. 1. As used in this section, the following\nwords and terms shall have the following meanings:\n (a) "Plan". Every o…

§ 352-eeee. Conversions to cooperative or condominium ownership in the\ncity of New York. 1. As used in this section, the following words and\nterms shall have the following meanings:\n (a) "Plan". Every offering statement or prospectus submitted to the\ndepartment of law pursua…

* § 352-eeeee. Conversions to condominium ownership for the preservation of expiring affordable housing in the city of New York. 1. As used in this section, the following words and terms shall have the following meanings: (a) "Annual update amendment". An annual update amendment…

§ 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-tw…

§ 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 s…

§ 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 mon…

§ 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…

§ 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 …

§ 352-k. Broker dealer minimum capital requirements. 1. Every broker-dealer registered or required to be registered in this state shall have and maintain a net capital of not less than five thousand dollars. The term net capital shall be deemed to mean the net worth of a broker …

§ 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 dwelli…

§ 353. Action by attorney-general. 1. Whenever the attorney-general shall believe from evidence satisfactory to him that any person, partnership, corporation, company, trust or association has engaged in, is engaged or is about to engage in any of the practices or transactions h…

§ 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…

§ 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 t…

§ 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 exa…

§ 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 …

§ 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.

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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 les…