Title GBS, General Business

§ 359-g. Violations and penalties. 1. (a) Any person, partnership,\ncorporation, company, trust or association having been served with an\norder issued pursuant to the provisions of section three hundred and\nfifty-four staying or enjoining any practices or transactions, or with…

§ 359-h. Destruction of certain records, books and other data by the\nattorney-general. Any and all books, registers, cards, indices, office\nrecords and other documentary evidence seized and held by the department\nof law under a subpoena or order of the court in proceedings co…

§ 359-i. Definitions. 1. In this article unless the context or subject\nmatter otherwise requires:\n "Bank" includes any person or association of persons, whether\nincorporated or not, carrying on the business of banking.\n "Fiduciary" includes a trustee under any trust, express…

§ 359-l. Deposit of moneys by fiduciary. If a fiduciary makes a\ndeposit in a bank to his personal credit of checks drawn by him upon an\naccount against which he is empowered to sign as a fiduciary, or of\nchecks drawn by him upon an account in the name of his principal if he\n…

§ 360. Definitions. (a) The term "trademark" as used herein means any\nword, name, symbol, or device or any combination thereof used by a\nperson to identify and distinguish the goods of such person, including a\nunique product, from those manufactured and sold by others, and to…

§ 360-a. Registrability. A mark by which the goods or services of any\napplicant for registration may be distinguished from the goods or\nservices of others shall not be registered if it:\n (a) consists of or comprises immoral, deceptive or scandalous matter;\nor\n (b) consists …

§ 360-b. Application for registration. Subject to the limitations set\nforth in this article, any person who uses a mark may file in the office\nof the secretary, in a manner complying with the requirements of the\nsecretary, an application for registration of that mark setting …

§ 360-c. Filing of applications. (a) Upon the filing of an application\nfor registration and payment of the application fee, the secretary may\ncause the application to be examined for conformity with this article.\n (b) The applicant shall provide any additional pertinent infor…

§ 360-d. Certificate of registration. Upon compliance by the applicant\nwith the requirements of this article, the secretary shall cause a\ncertificate of registration to be issued and delivered to the applicant.\nThe certificate of registration shall be issued under the signatu…

§ 360-e. Duration and renewal. A registration of mark hereunder shall\nbe effective for a term of ten years from the date of registration and,\nupon application filed within six months prior to the expiration of such\nterm, in a manner complying with the requirements of the secr…

§ 360-f. Assignments, changes of name and other instruments. (a) Any\nmark and its registration hereunder shall be assignable with the good\nwill of the business in which the mark is used, or with that part of the\ngood will of the business connected with the use of and symboliz…

§ 360-g. Records. The secretary shall keep for public examination a\nrecord of all marks registered or renewed under this article, as well as\na record of all documents recorded pursuant to section three hundred\nsixty-f of this article.\n

§ 360-h. Cancellation. The secretary shall cancel from the register,\nin whole or in part:\n (a) any registration concerning which the secretary shall receive a\nvoluntary request for cancellation thereof from the registrant or the\nassignee of record;\n (b) all registrations gr…

§ 360-i. Classification. The secretary shall by regulation establish a\nclassification of goods and services for convenience of administration\nof this article, but not to limit or extend the applicant's or\nregistrant's rights, and a single application for registration of a mar…

§ 360-j. Fraudulent registration. Any person who shall for himself or\nherself, or on behalf of any other person, procure the filing or\nregistration of any mark in the office of the secretary under the\nprovisions hereof, by knowingly making any false or fraudulent\nrepresentat…

§ 360-k. Infringement. Subject to the provisions of this section, any\nperson who shall:\n (a) use, without the consent of the registrant, any reproduction,\ncounterfeit, copy, or colorable imitation of a mark registered under\nthis article in connection with the sale, distribut…

§ 360-l. Injury to business reputation; dilution. Likelihood of injury\nto business reputation or of dilution of the distinctive quality of a\nmark or trade name shall be a ground for injunctive relief in cases of\ninfringement of a mark registered or not registered or in cases …

§ 360-m. Remedies. 1. Any owner of a mark registered under this\narticle may proceed by suit to enjoin the manufacture, use, display or\nsale of any counterfeits or imitations thereof and any court of\ncompetent jurisdiction may grant injunctions to restrain such\nmanufacture, u…

§ 360-n. Forum for actions regarding registration; service on out of\nstate registrants. (a) Actions to require cancellation of a mark\nregistered pursuant to this article or in mandamus to compel\nregistration of a mark pursuant to this article shall be brought in the\nsupreme …

§ 360-o. Common law rights. Nothing herein shall adversely affect the\nrights or the enforcement of rights in marks acquired in good faith at\nany time at common law.\n

§ 360-p. Fees. The application for registration or renewal shall be\naccompanied by a filing fee or fifty dollars payable to the secretary of\nstate.\n

§ 360-q. Rules and regulations. The secretary of state may from time\nto time make regulations for carrying into effect the provisions of this\narticle provided, however, that such supplementary regulations shall be\nstrictly limited in their application to the means and methods…

§ 360-r. Severability. If any provision hereof, or the application of\nsuch provision to any person or circumstance is held invalid, the\nremainder of this article shall not be affected thereby.\n

§ 369-a. Price-fixing prohibited. Any contract provision that purports\nto restrain a vendee of a commodity from reselling such commodity at\nless than the price stipulated by the vendor or producer shall not be\nenforceable or actionable at law.\n

§ 369-b. Manufacturer's warranty and guarantee.\n A warranty or guarantee of merchandise may not be limited by a\nmanufacturer doing business in this state solely for the reason that\nsuch merchandise is sold by a particular dealer or dealers, or that the\ndealer who sold the me…

§ 369-c. Definitions. The following terms, as used in this article,\nare hereby defined as follows: "Producer" means grower, baker, maker,\nmanufacturer or publisher. "Commodity" means any subject of commerce.\n

§ 369-d. Effect of partial invalidity. If any provision of this\narticle is declared unconstitutional it is the intent of the legislature\nthat the remaining portions thereof shall not be affected but that such\nremaining portions remain in full force and effect.\n

§ 369-e. Use of games of chance in selling commodities. 1. Every\nperson, firm or corporation proposing to engage in any game, contest or\nother promotion or advertising scheme or plan in connection with the\npromotion, advertising or sale of consumer products or services which\…

§ 369-ee. Prize award schemes. 1. Written disclosure. (a) Unless\nwritten disclosure is made as provided in paragraph (c) of this\nsubdivision, it shall be unlawful for any person, firm or corporation to\noffer a consumer a prize as part of any prize award scheme.\n (b) For purp…

§ 369-eee. Telecommunication-related and energy-related prohibitions\nas to prize boxes. 1. No box or container used to collect entries for\nsweepstakes or a contest may, at the same time, be used to collect\nletters of authorization or other documents that constitute\nauthoriza…

§ 37. Definitions and application.\n 1. For the purposes of this article, the term "itinerant vendor" shall\nmean a merchant, other than a merchant with an established retail store,\nwho transports to a building, vacant lot, or other location, including a\nlocation where a fee i…

§ 371. Definitions. For the purposes of this article:\n (a) "Facilitator" means a person who individually or in conjunction or\ncooperation with another person: (i) solicits the execution of,\nprocesses, receives, or accepts an application or agreement for a refund\nanticipation…

§ 372. Consumer bill of rights regarding tax preparers. (a) A tax\npreparer shall provide his or her customers with a receipt containing an\naddress and phone number at which the preparer can be contacted\nthroughout the year.\n (b) The department shall, in accordance with regul…

§ 373. Applicability. (a) The provisions of this article shall not\napply to tax preparers operating within any city having a population of\none million or more.\n (b) Except as provided in subdivision (c) of this section, this\narticle shall supersede and preempt all rules, reg…

§ 375. Research relating to electronic cigarettes. Any provision or\nrestriction in a contract or other agreement relating to the development\nof electronic cigarettes and products relating to their use including,\nbut not limited to, components of such devices, heretofore or he…

§ 38. Prohibited sales. No itinerant vendor, except for an authorized\nmanufacturer's representative or authorized distributor, shall offer for\nsale any of the following items:\n 1. Food manufactured and packaged for sale for consumption by a child\nunder the age of two years; …

§ 380. Short title. This article may be cited as the "fair credit\nreporting act".\n

§ 380-a. Definitions. As used in this article:\n (a) The term "person" means any individual, partnership, corporation,\ntrust, estate, co-operative, association, government or governmental\nsubdivision, agency or other entity.\n (b) The term "consumer" means an individual.\n (c)…

§ 380-b. Permissible dissemination of reports. (a) A consumer\nreporting agency may furnish a consumer report under the following\ncircumstances and no other:\n (1) In response to the order of a court having jurisdiction to issue\nsuch an order, or\n (2) In accordance with the w…

§ 380-c. Preparation and/or procurement of investigative consumer\nreports. (a) No person may procure or cause to be prepared an\ninvestigative consumer report on any consumer unless such person:\n (1) has first provided the consumer with notice of the procurement or\npreparatio…

§ 380-d. Disclosure to consumers. (a) Every consumer reporting agency\nshall, upon request and proper identification of any consumer, clearly\nand accurately disclose to the consumer:\n (1) all information in its files at the time of the request concerning\nsuch consumer; and\n …

§ 380-e. Methods and conditions of disclosure to consumers. (a) A\nconsumer reporting agency shall make the disclosures required under\nsection three hundred eighty-d of this article during normal business\nhours and on reasonable notice.\n (b) The disclosure required under sect…

§ 380-f. Procedure for resolving disputes. (a) If a consumer disputes\nany item of information contained in his file, and such dispute is\ndirectly conveyed to the consumer reporting agency by the consumer, the\nconsumer reporting agency shall promptly re-investigate and record …

§ 380-g. Public record information. A consumer reporting agency which\ncompiles and reports items of information on consumers which are matters\nof public record shall:\n (a) at the time such public record information is reported to the user\nof such consumer report, notify the …

§ 380-h. Restrictions on investigative consumer reports. (a) Whenever\na consumer reporting agency prepares an investigative consumer report,\nno adverse information in such report, other than information which is a\nmatter of public record, may be included in a subsequent consu…

§ 380-i. Requirements on users of consumer reports. (a) Whenever\ncredit or insurance for personal, family or household purposes is\ndenied, or whenever a residential rental or lease is denied, or the\ncharge for such credit or insurance, or rental or lease is increased,\neither…

§ 380-j. Prohibited information. (a) No consumer reporting agency\nshall report or maintain in the file on a consumer, information:\n (1) relative to an arrest or a criminal charge unless there has been a\ncriminal conviction for such offense, or unless such charges are still\np…

§ 380-k. Compliance procedures. Every consumer or reporting agency\nshall maintain reasonable procedures designed to avoid violations of\nsections three hundred eighty-b, three hundred eighty-j and three\nhundred eighty-t of this article and to limit the furnishing of consumer\n…

§ 380-l. Civil liability for willful noncompliance. Any person, firm,\npartnership, corporation, or association whose knowing and willful\nviolation of section three hundred eighty-s of this article resulted in\nthe transmission or provision to a consumer reporting agency of\nin…

§ 380-m. Civil liability for negligent noncompliance. Any consumer\nreporting agency or user of information who or which is negligent in\nfailing to comply with any requirement imposed under this article, other\nthan a violation of section three hundred eighty-t of this article,…