Title PEP, Personal Property

Section 1. Short title. This chapter shall be known as the "Personal\nProperty Law."\n

§ 250. Exemption of exhibits at international exhibitions. No process\nof attachment, execution, sequestration, replevin, distress or any kind\nof seizure shall be served or levied upon articles, goods, wares,\nmerchandise or property of any description while the same is enroute…

§ 251. Definitions. 1. The term "property" as used in this article\nmeans money, instruments payable, drawn or issued to bearer or to cash,\ngoods, chattels and tangible personal property other than (a)\n"instruments" as defined in subdivision two of this section, (b)\nanimals, …

§ 252. Found property and found instruments to be deposited with\npolice; penalty for failure to deliver to police; delivery to persons in\npossession of premises where found. 1. Except as provided in subdivision\nfive of section two hundred fifty-six of this chapter or as other…

§ 253. Duties of police. 1. Unless otherwise prescribed in accordance\nwith section two hundred fifty of the general municipal law or section\ntwo hundred twenty-five-a of the executive law and unless otherwise\nprovided by law applicable specifically to matters prescribed in th…

§ 254. Disposition of lost property. Except as provided in section two\nhundred fifty-six of this chapter, lost property deposited with the\npolice, and the money constituting proceeds of lost property sold as\nprovided in subdivision five of section two hundred fifty-three\nrem…

§ 255. Disposition of instruments. 1. An instrument deposited with the\npolice shall be delivered to the person entitled thereto upon payment of\nall reasonable expenses incurred in connection therewith.\n 2. No instrument deposited with the police shall be destroyed or sold.\nE…

§ 256. Exceptions. 1. If a finder takes possession of lost property\nwhile he is upon premises with respect to which his presence is a crime,\nthe person in possession of the premises where the lost property was\nfound shall have the rights of the finder as provided in section t…

§ 257. Title to lost property. 1. The title to lost property which has\nbeen deposited with the police shall vest in the finder, or other person\nentitled to assert the rights of the finder as provided in section two\nhundred fifty-six of this chapter, when the property is deliv…

§ 258. Proceeds to be paid into fund. Proceeds from the sale of lost\nproperty, less lawful deductions, or the money constituting lost\nproperty, shall be paid into the treasury of the county, city, town or\nvillage in the police department of which the property was deposited\nu…

§ 285. Definitions. As used in this article:\n 1. The term "bond" means (a) a bond, note or other obligation of any\nkind or nature, whether secured or unsecured, which is part of an issue\nheld by more than one person, or (b) a certificate or other instrument\nwhich is part of …

§ 286. Grounds for proceeding. Whenever there has been a default under\na bond or a trust indenture which has not been cured, or whenever\nproceedings have been instituted under any federal or state law for the\nmodification of a bond or a trust indenture or for a reorganization…

§ 287. Contents of petition. The petition shall briefly describe the\nissue, stating the date, maturity and size thereof so far as known to\nthe petitioner; shall set forth the default or proceedings upon which\nthe application is based, and, if based on a default, the fact that…

§ 288. Judgment. If the court shall be satisfied that the allegations\nof the petition are true, and that the interests of the bondholders of\nthe issue as a whole will not be adversely affected by the granting of\nthe application, it shall enter judgment directing the trustee, …

§ 30. Definitions. As used in this article, the term "transfer"\nincludes sale, assignment, conveyance, deed and gift, and the term\n"agreement" includes promise and undertaking.\n

§ 301. Definitions. In this article, unless the context or subject\nmatter otherwise requires:\n 1. "Motor vehicle" or "vehicle" means any device propelled or drawn by\nany power other than muscular power, upon or by which any person or\nproperty is or may be transported or draw…

§ 302. Requirements as to retail instalment contracts. 1. A retail\ninstalment contract shall be in writing, shall contain all the\nagreements of the parties and shall be signed by the buyer and the\nseller.\n 2. The printed portion of the contract shall be in at least eight\npo…

§ 302A. Total loss notice and waiver of the gap amount. 1. If the\nretail instalment contract provides that the buyer shall be responsible\nupon a total loss of the vehicle occasioned by its theft, confiscation\nor physical damage for the gap amount as defined in paragraph fifty…

§ 303. Credit service charge limitation. 1. A retail seller may\ncontract for in a retail instalment contract and charge, receive and\ncollect the credit service charge authorized by this article at the rate\nor rates agreed to by the retail seller and the buyer.\n The credit se…

§ 304. Cancellation of contract. After the payment of all sums for\nwhich the buyer is obligated under a retail instalment contract, and\nupon written demand made by the buyer, the holder of such contract shall\nmail to the buyer at his last known address, good and sufficient\ni…

§ 305. Credit upon anticipation of payments. 1. Notwithstanding the\nprovisions of any retail instalment contract to the contrary, any buyer\nmay pay it in full at any time before the maturity of the final\ninstalment of the time balance thereof and if he does so shall receive\n…

§ 306. Refinancing. 1. The holder of a retail instalment contract may,\nupon agreement with the buyer, extend the scheduled due date or defer\nthe scheduled payment of all or any part of any instalment or\ninstalments payable thereunder. The agreement for such extension or\ndefe…

§ 307. Penalties. 1. Any person who shall wilfully violate any\nprovision of this article shall be guilty of a misdemeanor and upon\nconviction shall be punished by a fine not exceeding five hundred\ndollars.\n 2. A wilful violation of sections three hundred two or three hundred…

§ 308. Waiver. Any waiver of the provisions of this article by the\nbuyer shall be unenforceable and void.\n

§ 309. Exceptions. The provisions of section three hundred six and of\nsubdivision ten of section three hundred two shall apply to an\ninstalment sale of a motor vehicle for any use.\n

§ 310. Severability. If any provision of this article or the\napplication thereof to any person or circumstance is held\nunconstitutional, the remainder of the article and the application of\nsuch provision to other persons or circumstances shall not be affected\nthereby.\n

§ 311. Short title. This article may be cited as "The Motor Vehicle\nRetail Instalment Sales Act."\n

§ 312. Refund credit on cancellation of credit related insurance or\nprepayment of contract. The provisions of this article requiring refunds\nand refund credits with respect to group credit life insurance, in cases\nof cancellation of group credit life insurance or of prepaymen…

§ 313. Guaranties to sellers of liabilities of buyers under retail\ninstalment contracts. No guaranty given to the seller or to the seller\nand the seller's assignee of the liabilities of a buyer under a retail\ninstalment contract shall be valid unless the guaranty is incorpora…

§ 314. Security interest in other property. No retail instalment\ncontract, or any other agreement executed in connection therewith, shall\nprovide for the creation of a security interest in any personal or real\nproperty, other than the motor vehicle which is the subject matter…

§ 315. Claim for deficiency after default and repossession. If a buyer\ndefaults on any instalment of the time sale price and the holder obtains\npossession of the motor vehicle and disposes of it as provided by\nsection 9--610 of the uniform commercial code, the buyer shall be …

§ 316. Notice of buyer's redemption rights. The holder of any motor\nvehicle installment contract who repossesses or accepts a voluntary\nsurrender of a motor vehicle pursuant to the provisions of article nine\nof the uniform commercial code, or any contract, shall within\nseven…

§ 330. Short title. This article may be cited as the "Motor Vehicle\nRetail Leasing Act".\n

§ 331. Definitions. In this article, unless the context or subject\nmatter otherwise requires:\n 1. "Motor vehicle" or "vehicle" means any device propelled or drawn by\nany power other than muscular power, upon or by which any person or\nproperty is or may be transported or draw…

§ 332. Rebate or discount for information or assistance in lease or\nsale of motor vehicle. No lessor shall induce or attempt to induce any\nperson to enter into an agreement subject to this article by offering a\nsubsequent rebate, discount, commission or other consideration, o…

§ 333. Pre-lease availability of sample form of agreement. 1. The\nlessor of a motor vehicle shall make a blank sample copy of its current\nform of retail lease agreement readily available for examination by\nprospective lessees by:\n (a) Furnishing it upon request prior to the …

§ 334. Payment or trade-in pending execution of lease agreement;\nrefund or return upon non-execution. 1. Any payment made by cash, check\nor similar means to a lessor pending the execution of a retail lease\nagreement shall be refunded to the lessee in the event the lease\nagre…

§ 335. Total loss notice and waiver of the gap amount. 1. If the\nretail lease agreement provides that the lessee shall be responsible\nupon a total loss of the vehicle occasioned by its theft, confiscation\nor physical damage for the gap amount, the lessor, prior to the\nexecut…

§ 336. Business purpose statement. 1. A preprinted or typewritten\naffirmation or other provision indicating that a vehicle is being leased\nprimarily for agricultural, business or commercial use shall be\ninadmissible in evidence in any trial, hearing, action or proceeding on\n…

§ 337. Requirements as to retail lease agreements. 1. A retail lease\nagreement shall be in a writing and, except as otherwise provided in\nsubdivision two of section three hundred forty-five of this article,\nsigned contemporaneously by the lessor and the lessee. Except as\npro…

§ 338. Security interest prohibited. 1. No retail lease agreement, or\nany other agreement executed by the lessee in connection therewith,\nshall provide for the creation of a security interest in any personal or\nreal property of the lessee to secure the payment of the debt ari…

§ 339. Notice of lessee's reinstatement rights. After a lessee has\nbeen in default for ten days solely by reason of his or her failure to\nmake timely rental payments, the holder of any retail lease agreement\nshall mail or personally deliver to the lessee at his or her last kn…

§ 340. Establishment of realized value at lease termination when\npurchase option not exercised; notice of intention to sell motor\nvehicle. 1. If an agreement is terminated early and there is no option\nto purchase the vehicle or the lessee does not exercise any option he or\ns…

§ 341. Restriction on early termination liability. 1. If an agreement\nis terminated early and there is no option to purchase the vehicle or\nthe lessee does not exercise any option he or she may have to purchase\nthe vehicle, the early termination obligation of the lessee may n…

§ 342. Restriction on the reporting of early terminations. The holder\nof a retail lease agreement shall not report the voluntary early\ntermination of the agreement to a consumer reporting agency or any other\nperson as a derogatory item of information unless the lessee fails t…

§ 343. Assessment of excess wear and damage to the vehicle. 1. (a)\nUpon the scheduled termination of a retail lease agreement, the holder\nshall not charge, receive or collect a charge for excess wear and damage\nto the vehicle which exceeds: (i) the actual cost of repairs, red…

§ 344. Cancellation of agreement. After the payment of all sums for\nwhich the lessee is obligated under a retail lease agreement, and upon\nwritten demand made by the lessee, the holder of such agreement shall\nmail to the lessee at his or her last known address good and suffic…

§ 345. Renegotiations and extensions. 1. A renegotiation is a new\nlease which is subject to the disclosure requirements of section three\nhundred thirty-seven of this article.\n 2. The disclosure requirements of section three hundred thirty-seven\nof this article are not applic…

§ 346. Penalties. 1. A lessee who has suffered a loss due to a\nviolation of any provision of this article by a lessor or holder is\nentitled to recover his or her actual damages from the lessor or holder.\n 2. Any lessor who fails to refund any payment made pending the\nexecuti…

§ 347. Liability of assignees. Except where the assignment is\ninvoluntary or as otherwise specifically provided in this article, any\ncivil action for a violation of this article which may be brought\nagainst a lessor may be maintained against any subsequent assignee of\nthe le…