NY-GOB General Obligations Law NY

Short title. This chapter shall be known and may be cited as

the "General Obligations Law."

Construction of act of reconsolidation. 1. This chapter shall

be construed as a continuation and re-enactment of the provisions

repealed by article nineteen hereof as such provisions existed on

December thirty-first, nineteen hundred sixty-two.

2. The repeal by this chapter of provisions specified in article

nineteen hereof and the enactment of this chapter shall not affect any

action or proceeding pending under any such provision at the time this

chapter shall take effect.

3. Any act of the legislature of the year nineteen hundred sixty-three

or nineteen hundred sixty-four which in form amends or repeals or

purports to amend or repeal any provision or provisions repealed by

article nineteen of this chapter shall be legally effective

notwithstanding the repeal of such provision or provisions and shall be

construed as an amendment or repeal, as the case may be, of the

corresponding provision or provisions of this chapter, and such

corresponding provisions shall be construed to be amended, modified,

changed or repealed as though they had been expressly and in terms so

amended or repealed.

4. Reference by any law, general or special, in force on December

thirty-first, nineteen hundred sixty-two, or in any act of the

legislature of the year nineteen hundred sixty-three or nineteen hundred

sixty-four, to a provision repealed by article nineteen of this chapter,

as in force immediately before the time this chapter shall take effect,

shall be construed to refer to the corresponding provision of this

chapter.

Definition. As used in this chapter, the term "infant" or

"minor" means a person who has not attained the age of eighteen years.

Provisions excluding application of certain sections to

matters previous to dates of their original enactment. 1. Section 1-202

applies to all obligations arising on or after September first, nineteen

hundred seventy-four.

2. Section 3-101 applies to contracts made on or after April

thirteenth, nineteen hundred forty-one.

3. Section 3-107 applies to contracts made on or after September

first, nineteen hundred sixty-one.

5. Section 3-311 does not affect any interest or right of survivorship

existing prior to April twentieth, nineteen hundred fifty-nine.

7. Subdivision two of section 3-313 does not affect any right, cause

of action or defense existing prior to September first, nineteen hundred

thirty-seven.

9. Section 5-301 applies to undertakings or promises made on or after

January twenty-fifth, nineteen hundred thirty-five.

11. Section 5-903 applies to contracts executed or renewed after

October first, nineteen hundred sixty-one.

13. Section 5-1103 applies to agreements made on or after April sixth,

nineteen hundred thirty-six; sections 5-1105, 5-1107 and 5-1109 apply to

assignments, promises or offers made on or after September first,

nineteen hundred forty-one.

15. Section 5-1115 applies to deeds or conveyances delivered on or

after September first, nineteen hundred forty-four.

17. Section 5-1311 applies to contracts made after May twenty-sixth,

nineteen hundred thirty-six.

19. Section 9-101 applies to injuries sustained after September first,

nineteen hundred forty-six.

21. Section 13-107 applies to transfers made after September first,

nineteen hundred fifty.

23. Title 1 of Article 15 applies to obligations arising on or after

April sixth, nineteen hundred twenty-eight.

25. a. Subdivision one of section 15-301 applies to agreements or

instruments executed on or after September first, nineteen hundred

forty-one.

b. Subdivisions two, three and four of section 15-301 apply to

agreements or instruments executed on or after September first, nineteen

hundred fifty-two.

c. Subdivision five of section 15-301 applies to agreements, evidences

of termination, notices of termination or waivers with respect to

agreements or other instruments executed on or after April fifth,

nineteen hundred forty-four.

27. Section 15-303 applies to written instruments executed on or after

April third, nineteen hundred thirty-six.

29. Section 15-501 applies to executory accords made on or after March

eighteenth, nineteen hundred thirty-seven.

31. Subdivision one of section 15-503 applies to offers made on or

after March eighteenth, nineteen hundred thirty-seven.

33. Section 17-103 applies to promises made on or after September

first, nineteen hundred sixty-one.

35. Section 17-105 applies to waivers, promises, agreements, recitals

and acknowledgments made on or after September first, nineteen hundred

sixty-one.

37. Section 17-107 applies to payments made on or after September

first, nineteen hundred sixty-one.

When contracts may not be disaffirmed on ground of infancy.

1. A contract made on or after September first, nineteen hundred

seventy-four by a person after he has attained the age of eighteen years

may not be disaffirmed by him on the ground of infancy.

2. A contract made on or after April thirteenth, nineteen hundred

forty-one, and before September first, nineteen hundred seventy-four, by

a person after he has attained the age of eighteen years, may not be

disaffirmed by him on the ground of infancy, where the contract was made

in connection with a business in which the infant was engaged and was

reasonable and provident when made.

In any action or proceeding in which the right to disaffirm on the

ground of infancy a contract made by an infant after he has attained the

age of eighteen years is in issue, the burden of proof on the question

whether the contract was made in connection with a business in which the

infant was engaged, and also on the question whether the contract was

reasonable and provident when made, shall be upon the person seeking to

deny or defeat such disaffirmance or to enforce the contract.

3. A husband and wife, with respect only to real property they occupy

or which they affirm they are about to occupy as a home, regardless of

the minority of either or both and without limitation of the powers of

any such person who is of full age, shall each have power (a) to enter

into and contract for a loan or loans with a bank, trust company,

private banker, national bank, branch or agency of a foreign banking

corporation licensed pursuant to article two, or branch of an

out-of-state depository institution authorized pursuant to article

five-C of the banking law, savings bank or savings and loan association

whose home office is located in this state, with any insurance company

authorized to do business in this state, with the United States

government and its agencies, with respect to such real property and take

any other action and execute any other document or instrument to the

extent necessary or appropriate to effect any such loan, provide

security therefor, carry out or modify the terms thereof, and effect any

compromise or settlement of any such loan or of any claim with respect

thereto; (b) to receive, hold and dispose of such real property, make

and execute contracts, notes, deeds, mortgages, agreements and other

instruments necessary and appropriate to acquire such property; and (c)

to dispose of such real property so acquired, and make and execute

contracts, deeds, agreements and other instruments necessary and

appropriate to dispose of such property.

Notwithstanding any contrary provision or rule of law, no such husband

or wife shall have the power to disaffirm, because of minority, any act

or transaction which he or she is hereinabove empowered to perform or

engage in, nor shall any defense based upon minority be interposed in

any action or proceeding arising out of any such act or transaction.

The above provision, however, shall affect only transactions entered

into subsequent to September first, nineteen hundred sixty-five.

4. A person who has attained the age of eighteen years shall have the

power, regardless of his or her minority to enter into a binding and

enforceable contract for a loan or loans with a bank, trust company,

private banker, national bank, branch or agency of a foreign banking

corporation licensed pursuant to article two, or branch of an

out-of-state depository institution authorized pursuant to article

five-C, of the banking law or savings bank, or with a savings and loan

association or credit union which is chartered under the laws of this

state or under the provisions of federal law and is authorized to do

business in this state and, in the case of a credit union, if said

person is within the field of membership of the credit union, and to

take any other action and execute any other document or instrument to

the extent necessary or appropriate to effect any such loan, provide

security therefor, carry out or modify the terms thereof, and effect any

compromise or settlement of any loan or of any claim with respect

thereto.

Notwithstanding any contrary provision or rule of law, no such person

who has attained the age of eighteen years shall have the power to

disaffirm or renounce solely because of his minority any act or

transaction which he or she is hereinabove empowered to perform or

engage in, nor shall any defense based upon minority be interposed in

any action or proceeding arising out of such act or transaction.

The above provision shall affect only transactions entered into on or

after June twenty-third, nineteen hundred seventy-three and before

September first, nineteen hundred seventy-four.

Obligations of certain minors for hospital, medical and

surgical treatment and care. 1. An obligation incurred by a married

minor for hospital, medical and surgical treatment and care for such

minor or such minor's children shall not be voidable because of

minority. For the purpose of this section only, subsequent judgment of

divorce or annulment shall not alter the obligation previously incurred.

Contracts pursuant to the "Servicemen's Readjustment Act of

1944" as amended; when they may not be disaffirmed. 1. A veteran,

eligible for the benefits provided for in Section 1801 and following of

Title 38 of the United States Code, and the spouse of such veteran,

regardless of the minority of either or both and without limitation of

the powers of any such person who is of full age, shall each have power

(a) to enter into and contract for a loan or loans to such veteran

pursuant to such title; (b) to receive, hold and dispose of real or

personal property, make and execute contracts, notes, deeds, mortgages,

agreements and other instruments, and take any other action, to the

extent necessary or appropriate to effect any such loan, provide

security therefor, carry out or modify the terms thereof, and effect any

compromise or settlement of any such loan or of any claim with respect

thereto; and (c) to dispose of real or personal property so acquired and

make and execute contracts, deeds, agreements and other instruments

necessary or appropriate for such purpose.

2. Notwithstanding any contrary provision or rule of law, no such

veteran or spouse shall have the power to disaffirm, because of

minority, any act or transaction which he or she is hereinabove

empowered to perform or engage in, nor shall any defense based upon

minority be interposed in any action or proceeding arising out of any

such act or transaction.

Certain contracts of parents or guardians respecting

employment of infants not enforceable unless approved. Where a contract

providing for performance or rendering of services by an infant is one

which the supreme court or surrogate's court has jurisdiction to approve

as provided in section 3-105 of this chapter, no parent or guardian of

the infant with respect to whose services the contract is made shall,

unless the contract is so approved, be liable on the contract either as

a party or as a guarantor of its performance:

1. If the infant was a resident of the state at the time the contract

was made or at the time of the event by reason of which liability is

sought to be imposed, by reason of any disaffirmance, repudiation or

breach of the contract or any term thereof, or any failure or refusal of

the infant to perform, or

2. In any other case, by reason of any failure or refusal of the

infant to perform or render services required or permitted by the

contract to be performed or rendered in this state or any failure or

refusal of the parent or guardian to cause such services to be rendered

or performed.

Payment of wages to minor; when valid. Where a minor is in

the employment of a person other than his parent or guardian, payment to

such minor of his wages is valid, unless such parent or guardian notify

the employer in writing, within thirty days after the commencement of

such service, that such wages are claimed by such parent or guardian,

but whenever such notice is given at any time payments to the minor

shall not be valid for services rendered thereafter.

Negligence of parent or other custodian not imputed to

infant. In an action brought by an infant to recover damages for

personal injury the contributory negligence of the infant's parent or

other custodian shall not be imputed to the infant.

Liability of parents and legal guardians having custody of an

infant for certain damages caused by such infant. 1. The parent or

legal guardian, other than the state, a local social services department

or a foster parent, of an infant over ten and less than eighteen years

of age, shall be liable to any public officer, organization or

authority, having by law the care and/or custody of any public property

of the state or of any political subdivision thereof, or to any private

individual or organization having by law the care, custody and/or

ownership of any private property, for damages caused by such infant,

where such infant has willfully, maliciously, or unlawfully damaged,

defaced or destroyed such public or private property, whether real or

personal, or, where such infant, with intent to deprive the owner and/or

custodian of such property or to appropriate the same to himself or

herself or to a third person, has knowingly entered or remained in a

building and has wrongfully taken, obtained or withheld such public or

private personal property from such building which personal property is

owned or maintained by the state or any political subdivision thereof or

which is owned or maintained by any individual, organization or

authority, or where such infant has falsely reported an incident or

placed a false bomb as defined in section 240.50, subdivision one or two

of section 240.55, section 240.60 or section 240.61 of the penal law.

Such public officer, organization or authority, or private individual or

organization, as the case may be, may bring an action for civil damages

in a court of competent jurisdiction for a judgment to recover such

damages from such parent or legal guardian other than the state or a

local social services department or a foster parent. For the purposes of

this subdivision, damages for falsely reporting an incident or placing a

false bomb shall mean the funds reasonably expended by a victim in

responding to such false report, as set forth in subdivision eleven of

section 60.27 of the penal law. In no event shall such damages portion

of a judgment authorized by this section, as described in this

subdivision, exceed the sum of five thousand dollars.

2. Notwithstanding the provisions of subdivision one of this section,

prior to the entering of a judgment under this section in the sum total

of five hundred dollars or more, the court shall provide such parent or

legal guardian of such infant with an opportunity to make an application

to the court based upon such parent's or legal guardian's financial

inability to pay any portion or all of the amount of such sum total

which is in excess of five hundred dollars, and upon the return date of

such application, or any adjournment thereof, the court shall, in

summary fashion, hear and consider all evidence of financial hardship

presented tending to establish the inability of such parent or legal

guardian to pay any or all of the amount of the sum total in excess of

five hundred dollars, and the court shall render its decision as to such

party's inability to make such payment based upon a preponderance of the

evidence presented. Upon a decision that such party has established his

or her inability to make such payment, the court shall enter the

judgment authorized by this section but in an amount within the

financial capacity of such parent or legal guardian, provided, however,

that since the original of the sum total exceeded five hundred dollars,

no such judgment shall be entered for an amount which is less than five

hundred dollars.

3. It shall be a defense to an action brought under this section that

restitution has been paid pursuant to section seven hundred

fifty-eight-a or 353.6 of the family court act, or paragraph (g) of

subdivision two of section 65.10 of the penal law. It shall also be a

defense to an action brought under this section that such infant had

voluntarily and without good cause abandoned the home of the parent or

guardian and without good cause refused to submit to the guidance and

control of the parent or guardian prior to and at the time of the

occurrence of such damages or destruction. In no event shall it be a

defense that the parent or legal guardian has exercised due diligent

supervision over the activities of such infant, provided, however, that

in the interests of justice, the court may consider mitigating

circumstances that bear directly upon the actions of the parent or legal

guardian in supervising such unemancipated infant.

4. For the purposes of this section the following definitions shall

apply:

a. The terms "enters or remains unlawfully" and "building" shall have

the same meaning as ascribed to such terms in section 140.00 of the

penal law.

b. "Public officer, organization or authority" shall include but not

be limited to: those having by law the care and custody of a municipal

district or corporation; those having by law the care and custody of the

public property of the state or of any agency, department, board,

bureau, commission, division, office, council, committee of the state,

or of a public benefit corporation or public authority; and the board of

education or trustees of any city, union free or common school district

or the city board of any New York City community school district.

c. "Private individual or organization" shall include, but not be

limited to: any individual, private or public corporation or partnership

or sole proprietorship, organized church, synagogue or temple,

not-for-profit organization or corporation, cemetery corporation, or, if

such liability is as a result of damage upon any cemetery plot or

mausoleum, the next of kin of a person upon whose gravesite such damage

or destruction occurred.

Powers of married woman. 1. A married woman has all the

rights in respect to property, real or personal, and the acquisition,

use, enjoyment and disposition thereof, and to make contracts in respect

thereto with any person, including her husband, and to carry on any

business, trade or occupation, and to exercise all powers and enjoy all

rights in respect thereto and in respect to her contracts, and be liable

on such contracts, as if she were unmarried.

2. All sums that may be recovered in actions or special proceedings by

a married woman to recover damages to her person, estate or character

shall be the separate property of the wife.

3. Judgment for or against a married woman, may be rendered and

enforced, in a court of record, or not of record, as if she was single.

A married woman may confess a judgment.

Contracts in contemplation of marriage. A contract made

between persons in contemplation of marriage, remains in full force

after the marriage takes place.

Contract of married woman not to bind husband. A contract

made by a married woman does not bind her husband or his property.

Liability of husband for antenuptial debts. A husband who

acquires property of his wife by antenuptial contract or otherwise, is

liable for her debts contracted before marriage, but only to the extent

of the property so acquired.

Husband and wife may convey to each other or make partition.

Husband and wife may convey or transfer real or personal property

directly, the one to the other, without the intervention of a third

person; and may make partition or division of any real property held by

them as tenants in common, joint tenants or tenants by the entireties.

If so expressed in the instrument of partition or division, such

instrument bars the wife's right to dower in such property, and also, if

so expressed, the husband's tenancy by curtesy.

Marriage relationship not to affect construction of

instruments and transactions involving personal property. 1. Where an

instrument or transaction creating or transferring an interest in

personal property would create a joint tenancy or a tenancy in common in

persons not husband and wife, it shall create a joint tenancy or a

tenancy in common, as the case may be, in persons who are husband and

wife.

2. An instrument or transaction which does not create a right of

survivorship in personal property between persons who are not husband

and wife shall not create a right of survivorship in personal property

between persons who are husband and wife.

3. This section applies without regard to the identity of the person

who makes the transfer or at whose instance it is had, or from whom the

consideration for the instrument or transaction proceeds.

Right of action by or against married woman, and by husband

or wife against the other, for torts. 1. A married woman has a right of

action for an injury to her person, property or character or for an

injury arising out of the marital relation, as if unmarried. She is

liable for her wrongful or tortious acts; her husband is not liable for

such acts unless they were done by his actual coercion or instigation;

and such coercion or instigation shall not be presumed, but must be

proved.

2. A married woman has a right of action against her husband for his

wrongful or tortious acts resulting to her in any personal injury as

defined in section thirty-seven-a of the general construction law, or

resulting in injury to her property, as if they were unmarried, and she

is liable to her husband for her wrongful or tortious acts resulting in

any such personal injury to her husband or to his property, as if they

were unmarried.

Married woman's right of action for wages. 1. A married woman

shall have a cause of action in her own sole and separate right for all

wages, salary, profits, compensation or other remuneration for which she

may render work, labor or services or which may be derived from any

trade, business or occupation carried on by her, and her husband shall

have no right of action therefor unless she or he with her knowledge and

consent has otherwise expressly agreed with the person obligated to pay

such wages, salary, profits, compensation or other remuneration.

2. In any action or proceeding in which a married woman or her husband

shall seek to recover wages, salary, profits, compensation or other

remuneration for which such married woman has rendered work, labor or

services or which was derived from any trade, business or occupation

carried on by her or in which the loss of such wages, salary, profits,

compensation or other remuneration shall be an item of damage claimed by

a married woman or her husband, the presumption of law in all such cases

shall be that such married woman is alone entitled thereto, unless the

contrary expressly appears.

Effect of death upon power of attorney given by persons

engaged in certain occupations. 1. No agency created by a power of

attorney in writing given by a principal who is at the time of

execution, or who, after executing such power of attorney, becomes,

either

a. a person serving in the armed forces of the United States, or

b. a person serving as a merchant seaman outside the continental

limits of the United States; or

c. a person outside such continental limits by permission, assignment

or direction of any department or official of the United States

government, in connection with any activity pertaining to or connected

with the prosecution of any war or any campaign of a military nature in

which the armed forces of the United States are participating or have

been ordered to participate;

shall be revoked or terminated by the death of the principal as to the

attorney-in-fact, agent or other person who, without actual knowledge or

actual notice of the death of the principal shall have acted or shall

act, in good faith, under or in reliance upon such power of attorney or

agency, and any action so taken, unless otherwise invalid or

unenforceable, shall be binding on the heirs, devisees, legatees or

personal representatives of the principal.

2. An affidavit, executed by the attorney-in-fact or agent, setting

forth that he has not or had not, at the time of doing any act pursuant

to the power of attorney, received actual knowledge or actual notice of

revocation or termination of the power of attorney, by death or

otherwise, or notice of any facts indicating the same, shall, in the

absence of fraud, be conclusive proof of the nonrevocation or

nontermination of the power at such time. If the exercise of the power

requires execution and delivery of any instrument which is recordable

under the laws of this state, such affidavit when authenticated for

record in the manner prescribed by law shall likewise be recordable.

3. No report or listing, either official or otherwise, of "missing" or

"missing in action", as such words are used in military parlance, shall

constitute or be interpreted as constituting actual knowledge or actual

notice of the death of such principal or notice of any facts indicating

the same, or shall operate to revoke the agency.

4. This section shall not be construed so as to alter or affect any

provision for revocation or termination contained in such power of

attorney.

5. If any provision of this section or the application thereof to any

person or circumstance be held invalid, such invalidity shall not affect

any other provision or application of the section which can be given

effect without the invalid provision or application, and to this end the

provisions of this section are declared to be severable.

Required information and statement in applications for

licenses to conduct occupations; fulfillment of child support

obligations. 1. As used in this section:

a. "Agency" means the legal authority or entity responsible for

determining whether or not a license shall be issued or renewed.

b. "Application" means the form or statements required to be completed

or supplied in order to obtain a license.

c. "License" means any certificate, license, permit or grant of

permission required by the laws of this state, its political

subdivisions or instrumentalities as a condition for the lawful practice

of any occupation, employment, trade, vocation, business, or profession,

and shall also include any registration required by law or agency

regulation as a condition for such lawful practice.

2. Every applicant for a license or renewal thereof shall provide his

or her social security number on the application. Additionally, every

applicant for a license or renewal thereof shall certify in the

application in a written statement under oath, duly sworn and

subscribed, that as of the date the application is filed he or she is

(or is not) under obligation to pay child support and that if he or she

is under such an obligation, that he or she does (or does not) meet one

of the following requirements:

a. he or she is not four months or more in arrears in the payment of

child support; or

b. he or she is making payments by income execution or by court agreed

payment or repayment plan or by plan agreed to by the parties; or

c. the child support obligation is the subject of a pending court

proceeding; or

d. he or she is receiving public assistance or supplemental security

income.

3. If the applicant is not under an obligation to pay child support,

the agency may issue or renew such license. If the applicant is under an

obligation to pay child support and is not four months or more in

arrears in the payment of child support, or meets the conditions of

paragraphs b, c and d of this subdivision, the agency may issue or renew

such license. If the applicant does not meet one of the above

requirements, the agency may issue or renew such license but such

license shall expire in six months unless before that time the applicant

submits a written certification under oath, duly sworn and subscribed

that he or she:

a. is no longer in arrears in the payment of child support; or

b. is making payments by income execution or by court agreed payment

or repayment plan or by plan agreed to by the parties or repayment plan

with the appropriate support collection unit; or

c. the child support obligation is the subject of a pending court

proceeding; or

d. he or she is receiving public assistance or supplemental security

income.

Upon the submission of such certification, the expiration date of such

license shall be governed by the agency's customary practice and no fee,

in addition to the initial license application fee, shall be charged

unless the six month period has expired.

4. Every application shall state in bold face that persons who are

four months or more in arrears in child support or who have failed to

comply with a summons, subpoena or warrant relating to a paternity or

child support proceeding may be subject to suspension of their business,

professional, drivers and/or recreational licenses and permits

including, but not limited to, licences issued pursuant to section

11-0713 of the environmental conservation law.

5. Every application shall state that the intentional submission of

false written statements for the purpose of frustrating or defeating the

lawful enforcement of support obligations is punishable pursuant to

section 175.35 of the penal law.

Definitions of terms as used in certain sections. 1. As used

in sections 5-331, 5-703 and 5-1115, the term "conveyance" includes

every instrument, in writing, except a will, by which any estate or

interest in real property is created, transferred, assigned or

surrendered.

2. As used in sections 5-703, 5-1111 and 5-1115, the terms "estate"

and "interest in real property" include every such estate and interest,

freehold or chattel, legal or equitable, present or future, vested or

contingent.

3. As used in sections 5-321, 5-323, 5-331, 5-703 and 5-1115, the term

"real property" is co-extensive in meaning with lands, tenements and

hereditaments.

4. As used in section 5-335 of this article, the term "insurer" means

any insurance company or other entity which provides for payment or

reimbursement of health care expenses, health care services, disability

payments, lost wage payments or any other benefits under a policy of

insurance or an insurance contract with an individual or group.

Certain employment contracts void. Every undertaking or

promise, whether written or oral, express or implied, constituting or

contained, in any contract or agreement of hiring or employment between

any individual, firm, company, association or corporation and any

employee or prospective employee of the same, whereby (a) any employee

or prospective employee undertakes or promises to join, become or remain

a member of a company union; or (b) either party to such contract or

agreement undertakes or promises not to join, become, or remain a member

of any labor organization or any organization of employers; or (c)

either party to such contract or agreement undertakes or promises that

he will withdraw from the employment relation in the event that he

joins, becomes or remains a member of any labor organization or of any

organization of employers, is hereby declared to be contrary to public

policy and wholly void and shall not afford any basis for the granting

of legal or equitable relief by any court against a party to such

undertaking or promise, or against any other persons who may advise,

urge or induce, without fraud, violence, or threat thereof, either party

thereto to act in disregard of such undertaking or promise.

1. Contracts for the creation and use of digital replicas.

Any provision in an agreement between an individual and any other person

or entity for the performance of personal or professional services is

contrary to public policy and shall be void and unenforceable as it

relates to a new performance by digital replication if the provision

meets all of the following conditions:

(a) The provision allows for the creation and use of a digital replica

of the individual's voice or likeness in place of work the individual

would otherwise have performed in person.

(b) The provision does not include a reasonably specific description

of the intended use of the digital replica. Failure to include a

reasonably specific description of the intended uses of a digital

replica shall not render the provision unenforceable when the uses are

consistent with the terms of the contract for the performance of

personal or professional services and consistent with the fundamental

character of the photography or sound track as recorded or performed.

(c) The individual was not:

(i) represented by legal counsel who negotiated on behalf of the

individual licensing the individual's digital replica rights and the

licensing terms are not stated clearly and conspicuously in an

employment contract that is separately signed or initialed by the

individual or in a separate writing that is signed by the individual; or

(ii) represented by a labor organization representing workers who do

the proposed work and the terms of their collective bargaining agreement

expressly address uses of digital replicas.

2. This section shall not affect provisions of a contract other than a

provision that falls under subdivision one of this section.

3. As used in this section, "digital replica" means a digital

simulation of the voice or likeness of an individual that so closely

resembles the individual's voice or likeness that a layperson would not

be able to readily distinguish the digital simulation from the

individual's authentic voice or likeness.

Certain agreements between husband and wife void. Except as

provided in section two hundred thirty-six of the domestic relations

law, a husband and wife cannot contract to alter or dissolve the

marriage or to relieve either of his or her liability to support the

other in such a manner that he or she will become incapable of

self-support and therefore is likely to become a public charge. An

agreement, heretofore or hereafter made between a husband and wife,

shall not be considered a contract to alter or dissolve the marriage

unless it contains an express provision requiring the dissolution of the

marriage or provides for the procurement of grounds of divorce.

Agreements exempting lessors from liability for negligence

void and unenforceable. Every covenant, agreement or understanding in or

in connection with or collateral to any lease of real property exempting

the lessor from liability for damages for injuries to person or property

caused by or resulting from the negligence of the lessor, his agents,

servants or employees, in the operation or maintenance of the demised

premises or the real property containing the demised premises shall be

deemed to be void as against public policy and wholly unenforceable.

Agreements exempting caterers and catering establishments

from liability for negligence void and unenforceable. Every covenant,

agreement or understanding in or in connection with or collateral to any

contract entered into with any caterer or catering establishment

exempting the said caterer or catering establishment from liability for

damages caused by or resulting from the negligence of the caterer or

catering establishment, his agents, servants, employees or patrons at

the affair contracted therefor, shall be deemed to be void as against

public policy and wholly unenforceable.

Agreements exempting owners and contractors from liability

for negligence void and unenforceable; certain cases. 1. A covenant,

promise, agreement or understanding in, or in connection with or

collateral to a contract or agreement relative to the construction,

alteration, repair or maintenance of a building, structure,

appurtenances and appliances including moving, demolition and excavating

connected therewith, purporting to indemnify or hold harmless the

promisee against liability for damage arising out of bodily injury to

persons or damage to property contributed to, caused by or resulting

from the negligence of the promisee, his agents or employees, or

indemnitee, whether such negligence be in whole or in part, is against

public policy and is void and unenforceable; provided that this section

shall not affect the validity of any insurance contract, workers'

compensation agreement or other agreement issued by an admitted insurer.

This subdivision shall not preclude a promisee requiring indemnification

for damages arising out of bodily injury to persons or damage to

property caused by or resulting from the negligence of a party other

than the promisee, whether or not the promisor is partially negligent.

2. A covenant, promise, agreement or understanding in, or in

connection with or collateral to a contract or agreement relative to the

construction, alteration, repair or maintenance of a building,

structure, appurtenances and appliances including moving, demolition and

excavating connected therewith, purporting to condition a

subcontractor's or materialman's right to file a claim and/or commence

an action on a payment bond on exhaustion of another legal remedy is

against public policy and is void and unenforceable; provided that this

subdivision shall not affect the validity of any insurance contract,

workers' compensation agreement or other agreement issued by an admitted

insurer.

3. The provisions of this section shall only apply to covenants,

promises, agreements or understandings in, or in connection with or

collateral to a contract or agreement, as enumerated in subdivision one

hereof, entered into on or after the thirtieth day next succeeding the

date on which it shall have become a law.

Contents of certain construction contracts. 1. Every

written contract or agreement executed by an owner providing for the

building, construction, repair or renovation of buildings, structures,

or improvements upon real property owned by him other than contracts

involving public improvements as defined in the lien law and contracts

involving residential property with housing accommodations for less than

five families, shall contain a clause requiring such owner to set forth

in said contract the following information:

(a) the full name and address of the owner or owners;

(b) the full name and address of the owner of the land and the owner

of the building or improvements if the owner of the land and the owner

of the building or improvements shall be different persons or entities;

and

(c) a description by street address; or section, block, and lot

numbers; or reference to a deed book and page number;

In the event the names required to be set forth as hereinabove provided

shall be changed after the execution of any such contract or agreement

and during the period of such construction, the owner shall within five

days notify the contractor of such change in writing sent to the

contractor by certified mail to the address of the contractor as set

forth in said contract.

2. Every written subcontract or agreement executed by a contractor for

performance of any portion of the said construction, shall contain the

same information required to be provided to the contractor by the owner

described in subdivision one of this section.

3. The provisions of this section shall apply only to contracts or

agreements as enumerated in subdivision one of this section, entered

into on or after the date on which the provisions of this section become

effective.

4. Any failure to comply with the provisions of this section shall not

render any agreement or contract hereof, enumerated in subdivision one

hereof, void or voidable nor shall it otherwise impair any obligations

or rights under any such agreement or contract.

Payment bonds to be filed. A copy of any payment bond

executed in connection with a contract for the improvement of real

property other than a contract for a public improvement, shall be filed

within thirty days of such execution by the owner of the improvement in

the office of the county clerk in the county in which the improvement is

to be undertaken; provided, however, that such filing shall be required

only where the contract for the improvement of real property is for an

amount in excess of one hundred thousand dollars. Any owner failing to

file such payment bond as provided herein shall be liable for the

reasonable attorney's fees, as determined by the court, of any claimant

successfully bringing an action or proceeding on the bond.

Agreements exempting building service or maintenance

contractors from liability for negligence void and unenforceable. Every

covenant, agreement or understanding in or in connection with or

collateral to any contract or agreement affecting real property made or

entered into, whereby or whereunder a contractor exempts himself from

liability for injuries to person or property caused by or resulting from

the negligence of such contractor, his agent, servants or employees, as

a result of work performed or services rendered in connection with the

construction, maintenance and repair of real property or its

appurtenances, shall be deemed to be void as against public policy and

wholly unenforceable.

Agreements by owners, contractors, subcontractors or

suppliers to indemnify architects, engineers and surveyors from

liability caused by or arising out of defects in maps, plans, designs

and specifications void and unenforceable. Every covenant, agreement or

understanding in, or in connection with any contract or agreement made

and entered into by owners, contractors, subcontractors or suppliers

whereby an architect, engineer, surveyor or their agents, servants or

employees are indemnified for damages arising from liability for bodily

injury to persons or damage to property caused by or arising out of

defects in maps, plans, designs or specifications, prepared, acquired or

used by such architect, engineer, surveyor or their agents, servants or

employees shall be deemed void as against public policy and wholly

uneforceable.

Garages and parking places. 1. No person who conducts or

maintains for hire or other consideration a garage, parking lot or other

similar place which has the capacity for the housing, storage, parking,

repair or servicing of four or more motor vehicles, as defined by the

vehicle and traffic law, may exempt himself from liability for damages

for injury to person or property resulting from the negligence of such

person, his agents or employees, in the operation of any such vehicle,

or in its housing, storage, parking, repair or servicing, or in the

conduct or maintenance of such garage, parking lot or other similar

place, and, except as hereinafter provided, any agreement so exempting

such person shall be void.

2. Damages for loss or injury to property may be limited by a

provision in the storage agreement limiting the liability in case of

loss or damage by theft, fire or explosion and setting forth a specific

liability per vehicle, which shall in no event be less than twenty-five

thousand dollars, beyond which the person owning or operating such

garage or lot shall not be liable; provided, however, that such

liability may on request of the person delivering such vehicle be

increased, in which event increased rates may be charged based on such

increased liability.

Agreements exempting pools, gymnasiums, places of public

amusement or recreation and similar establishments from liability for

negligence void and unenforceable. Every covenant, agreement or

understanding in or in connection with, or collateral to, any contract,

membership application, ticket of admission or similar writing, entered

into between the owner or operator of any pool, gymnasium, place of

amusement or recreation, or similar establishment and the user of such

facilities, pursuant to which such owner or operator receives a fee or

other compensation for the use of such facilities, which exempts the

said owner or operator from liability for damages caused by or resulting

from the negligence of the owner, operator or person in charge of such

establishment, or their agents, servants or employees, shall be deemed

to be void as against public policy and wholly unenforceable.

Consumers' right to recover attorney's fees in actions

arising out of consumer contracts. 1. As used in this section, the

following terms shall have the following meanings:

(a) "Consumer contract" means a written agreement entered into between

a creditor, seller or lessor as one party with a natural person who is

the debtor, buyer or lessee as the second party, and the money, other

personal property or services which are the subject of the transaction

are primarily for personal, family or household purposes;

(b) "Creditor" means a person who regularly extends, or arranges for

the extension of, credit which is payable by agreement in more than four

installments or for which the payment of a finance charge is or may be

required;

(c) "Seller" means a person who sells or provides or agrees to sell or

provide the subject of a consumer transaction.

(d) "Lessor" means a person who regularly leases, or arranges for the

lease of, personal property which is the subject of a consumer contract.

2. Whenever a consumer contract provides that the creditor, seller or

lessor may recover attorney's fees and expenses incurred as the result

of a breach of any contractual obligation by the debtor, buyer or

lessee, it shall be implied that the creditor, seller or lessor shall

pay the attorney's fees and expenses of the debtor, buyer or lessee

incurred as the result of a breach of any contractual obligation by the

creditor, seller or lessor, or in the successful defense of any action

arising out of the contract commenced by the creditor, seller or lessor.

Any limitations on attorney's fees recoverable by the creditor, seller

or lessor shall also be applicable to attorney's fees recoverable by the

debtor, buyer or lessee under this section. Any waiver of this section

shall be void as against public policy.

Processing fee by holder of dishonored check. 1. As used in

this section the following terms shall have the following meanings:

(a) "Holder of a check" means the holder or its assignee,

representative or any other person retained by the holder to seek

collection of the face value of a dishonored check.

(b) "Dishonored check" means a check, draft or like instrument drawn

on a bank or depository institution as full or partial payment for an

unpaid balance on an account, or for other extensions of credit or

payments of money in connection with a consumer transaction, which is

not paid or is dishonored or is returned by such institution due to

insufficient funds or other cause not attributable to the holder.

(c) "Consumer transaction" means a transaction in which a natural

person is extended credit for, or purchases or leases, personal

property, money or services primarily for personal, family or household

purposes.

(d) "Account" means a loan account, a retail credit account or an

obligation under a retail lease agreement, retail instalment contract or

retail instalment obligation or a retail instalment credit agreement, as

defined in sections three hundred one, three hundred thirty-one and four

hundred one of the personal property law.

2. Notwithstanding the provisions of any law:

(a) The holder of a dishonored check given in payment for a consumer

transaction or an account may collect from, charge, or add to the

outstanding balance of the account of, the person from whom such check

was received or to whom such credit was extended, a dishonored check

charge of not more than the lesser of the amount agreed upon, if

contracted for, or twenty dollars.

(b) A dishonored check charge shall not be deemed a credit service

charge, interest or an incident to or a condition to the extension of

credit, for any purpose of law.

3. (a) Notwithstanding any other provision of law, any person to whom

a check, draft or like instrument, other than a money order, bank

cashier's check or certified check, is tendered for any transaction,

other than a consumer transaction, may, if such instrument is dishonored

charge or collect from the maker or drawer the amount of twenty dollars

for the return of such unpaid or dishonored instrument.

(b) Notwithstanding any other provision of this subdivision, a

landlord, lessor, sub-lessor or grantor to whom a check, draft or like

instrument, other than a money order, bank cashier's check or certified

check, is tendered for payment of rent, may if such instrument is

dishonored charge or collect from the maker or drawer the amount of

actual costs, charges or fees incurred by such landlord, lessor,

sub-lessor or grantor for the return of such dishonored check or the

amount set forth in paragraph (a) of this subdivision, whichever is

greater, provided that:

(i) if the payment, fee or charge exceeds the amount set forth in

paragraph (a) of this subdivision the landlord, lessor, sub-lessor or

grantor shall provide to the tenant upon request evidence substantiating

the equivalence between the payment, fee or charge and the amount of

actual costs, charges or fees incurred for the return of the dishonored

check; and

(ii) such dishonored check charge was contracted for in the lease

agreement between the tenant and landlord, lessor, sub-lessor or grantor

in accordance with the requirements of subdivision two-a of section two

hundred thirty-eight-a of the real property law. The provisions of this

paragraph shall not apply to a shareholder of a cooperative housing

corporation, provided, however, that the provisions of this paragraph

shall apply with respect to any tenant or subtenant of such a

shareholder.

Certain covenants and restrictions in conveyances and other

agreements affecting real property void as against public policy. Any

promise, covenant or restriction in a contract, mortgage, lease, deed or

conveyance or in any other agreement affecting real property, heretofore

or hereafter made or entered into, which limits, restrains, prohibits or

otherwise provides against the sale, grant, gift, transfer, assignment,

conveyance, ownership, lease, rental, use or occupancy of real property

to or by any person because of race, creed, color, national origin, or

ancestry, is hereby declared to be void as against public policy, wholly

unenforceable, and shall not constitute a defense in any action, suit or

proceeding. No such promise, covenant or restriction shall be listed as

a valid provision affecting such property in public notices concerning

such property. The invalidity of any such promise, covenant or

restriction in any such instrument or agreement shall not affect the

validity of any other provision therein, but no reverter shall occur, no

possessory estate shall result, nor any right of entry or right to a

penalty or forfeiture shall accrue by reason of the disregard of such

promise, covenant or restriction. This section shall not apply to

conveyances or devises to religious associations or corporations for

religious purposes, but, such promise, covenant or restriction shall

cease to be enforceable and shall otherwise become subject to the

provisions of this section when the real property affected shall cease

to be used for such purpose.

Unsolicited and voluntarily sent merchandise deemed

unconditional gift. 1. No person, firm, partnership, association or

corporation, or agent or employee thereof, shall, in any manner, or by

any means, offer for sale goods, wares, or merchandise, where the offer

includes the voluntary and unsolicited sending of such goods, wares, or

merchandise not actually ordered or requested by the recipient, either

orally or in writing. The receipt of any such goods, wares, or

merchandise shall for all purposes be deemed an unconditional gift to

the recipient who may use or dispose of such goods, wares, or

merchandise in any manner he sees fit without any obligation on his part

to the sender.

If after any such receipt deemed to be an unconditional gift under

this section, the sender continues to send bill statements or requests

for payment with respect thereto, an action may be brought by the

recipient to enjoin such conduct, in which action there may also be

awarded reasonable attorney's fees and costs to the prevailing party.

2. If a person is a member of an organization which makes retail sales

of any goods, wares, or merchandise to its members, and the person

notifies the organization of his termination of membership by certified

mail, return receipt requested, any unordered goods, wares, or

merchandise which are sent to the person after thirty days following

execution of the return receipt for the certified letter by the

organization, shall for all purposes be deemed unconditional gifts to

the person, who may use or dispose of the goods, wares, or merchandise

in any manner he sees fit without any obligation on his part to the

organization.

If the termination of a person's membership in such organization

breaches any agreement with the organization, nothing in this section

shall relieve the person from liability for damages to which he might be

otherwise subjected to pursuant to law, but he shall not be subject to

any damages with respect to any goods, wares, or merchandise which are

deemed unconditional gifts to him under this section.

If after any receipt deemed to be an unconditional gift under this

section, the sender continues to send bill statements or requests for

payment with respect thereto, an action may be brought by the recipient

to enjoin such conduct, in which action there may also be awarded

reasonable attorneys' fees and costs to the prevailing party.

Validity of oil, gas or mineral land leases. 1. Any oil, gas

or mineral land lease given on land situated in this state shall be

deemed to incorporate subdivisions two and three of this section and any

provisions to the contrary shall be void and unenforceable.

2. Any oil, gas or mineral land lease which provides for delay rental

payments, such payments being periodic payments to the lessor for the

right to delay drilling or excavation upon the leased property, shall

provide that the first such payment shall be due and payable no later

than one hundred eighty days after the effective date of the lease. Any

bonus or up front payment made by the lessee equal to or greater than

the first delayed rental payment shall constitute compliance with this

subdivision.

3. Any oil, gas or mineral land lease shall contain a statement

advising the lessor of the provisions of section 15-304 of this chapter.

Such statement shall be printed in at least ten point bold type and

shall read as follows:

IF THIS LEASE BECOMES FORFEITED, TERMINATED OR EXPIRES, THE LESSEE, OR

IF THE LEASE HAS BEEN ASSIGNED, THE ASSIGNEE IS REQUIRED TO PROVIDE A

DOCUMENT CANCELLING THE LEASE AS OF RECORD, AT NO COST TO THE CURRENT

LANDOWNER. IF THE LESSEE OR ASSIGNEE FAILS TO CANCEL THE LEASE, THE

CURRENT LANDOWNER MAY COMPEL A CANCELLATION PURSUANT TO SECTION 15-304

OF THE GENERAL OBLIGATIONS LAW.

4. For the purposes of this section, the term "mineral" shall not

include salt, as defined by subdivision eighteen of section 23-0101 of

the environmental conservation law.

5. On or after January first, two thousand six, any oil or gas lease

shall contain the following statement printed in at least ten point bold

type:

THIS IS A LEASE OF OIL AND GAS RIGHTS, NOT A SALE, CONTAINING TERMS

THAT MAY BE NEGOTIATED BY YOU. YOU HAVE THE RIGHT TO CANCEL THIS LEASE

WITHIN THREE BUSINESS DAYS AFTER EXECUTION OF THE LEASE BY NOTIFYING THE

LESSEE THAT YOU HAVE CANCELED THIS CONTRACT. IN ORDER TO CANCEL THIS

LEASE, YOU MUST EXECUTE A NOTICE OF CANCELLATION IN THE FORM PROVIDED

BELOW, MAIL IT TO THE LESSEE AND REFUND ALL AMOUNTS PAID TO YOU BY THE

LESSEE WITHIN THE THREE-DAY CANCELLATION PERIOD. THE MAILING MUST BE

POSTMARKED WITHIN THE THREE-DAY CANCELLATION PERIOD TO BE EFFECTIVE.

NOTICE OF CANCELLATION

I/WE HEREBY CANCEL THIS LEASE.

DATED:

SIGNATURE(S):

THE PERSON PRESENTING THIS LEASE TO YOU IS [ ] NOT [ ] A MEMBER OF

(name of organization) AND THEREFORE IS [ ] IS NOT [ ] SUBJECT

TO A CODE OF CONDUCT. IF THE PERSON PRESENTING THIS LEASE TO YOU IS

SUBJECT TO A CODE OF CONDUCT, A COPY OF THE CODE OF CONDUCT MUST BE

PRESENTED TO YOU WITH THIS LEASE. IF APPLICABLE, THE CODE OF CONDUCT

PROVIDES A DISPUTE RESOLUTION MECHANISM FOR ANY DISPUTE THAT YOU MAY

HAVE REGARDING THE MANNER BY WHICH THIS LEASE WAS PRESENTED TO YOU. IF

YOU HAVE ANY SUCH DISPUTE, YOU MAY INVOKE THE DISPUTE RESOLUTION

MECHANISM OF THE CODE OF CONDUCT BY CONTACTING THE PERSON OR PERSONS

DESIGNATED IN THE CODE OF CONDUCT. THE FAILURE OF THE LESSEE TO PAY ANY

ROYALTIES TO YOU AS REQUIRED UNDER THE TERMS OF THE LEASE FOR A PERIOD

OF FOUR CONSECUTIVE MONTHS OR MORE SHALL BE A DEFAULT UNLESS OTHERWISE

PROVIDED BY LAW, AND WILL RESULT IN CANCELLATION OF THE LEASE APPLICABLE

TO THE TARGET FORMATION OF THE WELL WITHIN THE SPACING UNIT, FOLLOWING

WRITTEN NOTIFICATION TO THE LESSEE OF YOUR INTENT TO CANCEL AND SIXTY

DAYS FOR THE LESSEE TO CURE THE DEFAULT. IF THE LESSEE HAS A BONA FIDE

DISPUTE REGARDING THE GROUNDS FOR CANCELLATION, SUCH DISPUTE AND THE

REASONS THEREFOR MUST BE PROVIDED TO YOU IN WRITING OR THE DEFAULT MUST

BE CURED WITHIN SUCH SIXTY DAY PERIOD, OTHERWISE THE LEASE SHALL BE

CANCELLED.

6. The provisions of subdivisions one, two, three and four of this

section shall apply to leases entered into on or after January first,

nineteen hundred eighty-five and the provisions of subdivision five of

this section shall apply to leases entered into on or after January

first, two thousand six.

Option or right to acquire interest in property. 1. An option

or right to acquire an equity or other ownership interest in property or

in a partnership, corporation, trust or other entity that owns property

shall not be unenforceable because the owner of such interest grants

such option or right to the holder of a mortgage which is a lien on such

property or to the holder of a security interest in such property,

simultaneously with or in connection with any loan or forbearance of

money secured by such mortgage or security interest, if (a) the power to

exercise such option or right is not dependent upon the occurrence of a

default with respect to such loan, forbearance, mortgage or security

interest, and (b) such loan or forbearance is for the principal sum of

two million five hundred thousand dollars or more when the option or

right is granted. Loans or forbearances aggregating two million five

hundred thousand dollars or more which are to be made or advanced to any

one borrower in one or more installments pursuant to a written agreement

by one or more lenders shall be deemed a single loan or forbearance for

the total amount which the lender or lenders have agreed to make or

advance pursuant to such agreement.

2. This section shall not be construed to limit, impair or otherwise

affect the power of the holder of any option or right to acquire an

equity or other ownership interest in property or in a partnership,

corporation, trust or other entity that owns property, if such option or

right is or would be enforceable without reference to this section.

3. This section shall apply to all options or rights which are

exercised on or after the effective date of this section,

notwithstanding the date when such options or rights were granted.

Limitation of reimbursement and subrogation claims in

personal injury and wrongful death actions. (a) When a person settles a

claim, whether in litigation or otherwise, against one or more other

persons for personal injuries, medical, dental, or podiatric

malpractice, or wrongful death, it shall be conclusively presumed that

the settlement does not include any compensation for the cost of health

care services, loss of earnings or other economic loss to the extent

those losses or expenses have been or are obligated to be paid or

reimbursed by an insurer. By entering into any such settlement, a person

shall not be deemed to have taken an action in derogation of any right

of any insurer that paid or is obligated to pay those losses or

expenses; nor shall a person's entry into such settlement constitute a

violation of any contract between the person and such insurer.

No person entering into such a settlement shall be subject to a

subrogation claim or claim for reimbursement by an insurer and an

insurer shall have no lien or right of subrogation or reimbursement

against any such settling person or any other party to such a

settlement, with respect to those losses or expenses that have been or

are obligated to be paid or reimbursed by said insurer.

(b) This section shall not apply to a subrogation claim for recovery

of additional first-party benefits provided pursuant to article

fifty-one of the insurance law. The term "additional first-party

benefits", as used in this subdivision, shall have the same meaning

given it in section 65-1.3 of title 11 of the codes, rules and

regulations of the state of New York as of the effective date of this

statute.

(c) This section shall not apply to a subrogation or reimbursement

claim for recovery of benefits provided by Medicare or Medicaid,

specifically authorized pursuant to article fifty-one of the insurance

law, or pursuant to a policy of insurance or an insurance contract

providing workers' compensation benefits.

Nondisclosure agreements. 1. (a) Notwithstanding any other

law to the contrary, no employer, its officers or employees shall have

the authority to include or agree to include in any settlement,

agreement or other resolution of any claim, the factual foundation for

which involves discrimination, harassment, or retaliation, in violation

of laws prohibiting discrimination, including discriminatory harassment

or retaliation, including but not limited to, article fifteen of the

executive law, any term or condition that would prevent the disclosure

of the underlying facts and circumstances to the claim or action unless

the condition of confidentiality is the complainant's preference.

(b) Any such term or condition must be provided in writing to all

parties in plain English, and, if applicable, the primary language of

the complainant, and the complainant shall have up to twenty-one days to

consider such term or condition. If confidentiality is the complainant's

preference, such preference shall be memorialized in an agreement signed

by all parties. For a period of at least seven days following the

execution of such agreement, the complainant may revoke the agreement,

and the agreement shall not become effective or be enforceable until

such revocation period has expired.

(c) Any such term or condition shall be void to the extent that it

prohibits or otherwise restricts the complainant from: (i) initiating,

testifying, assisting, complying with a subpoena from, or participating

in any manner with an investigation conducted by the appropriate local,

state, or federal agency; or (ii) filing or disclosing any facts

necessary to receive unemployment insurance, Medicaid, or other public

benefits to which the complainant is entitled.

2. Notwithstanding any provision of law to the contrary, any provision

in a contract or other agreement between an employer or an agent of an

employer and any employee, potential employee, or independent contractor

of that employer entered into on or after January first, two thousand

twenty, that prevents the disclosure of factual information related to

any future claim of discrimination is void and unenforceable unless such

provision notifies the employee, potential employee, or independent

contractor that it does not prohibit the complainant from speaking with

law enforcement, the equal employment opportunity commission, the state

division of human rights, the attorney general, a local commission on

human rights, or an attorney retained by the employee or potential

employee.

3. Notwithstanding any other law to the contrary, no release of any

claim, the factual foundation for which involves unlawful

discrimination, including discriminatory harassment, or retaliation,

shall be enforceable, if as part of the agreement resolving such claim:

(a) the complainant is required to pay liquidated damages for

violation of a nondisclosure clause or nondisparagement clause;

(b) the complainant is required to forfeit all or part of the

consideration for the agreement, for violation of a nondisclosure clause

or nondisparagement clause; or

(c) it contains or requires any affirmative statement, assertion, or

disclaimer by the complainant that the complainant was not in fact

subject to unlawful discrimination, including discriminatory harassment,

or retaliation.

Agreements requiring contractees to waive their rights in

relation to expressing certain opinions about contractors void and

unenforceable. 1. (a) A contract or proposed contract for the sale or

lease of consumer goods or services may not include a provision waiving

the consumer's right to make any statement regarding the seller or

lessor or its employees or agents, or concerning the goods or services.

(b) It shall be unlawful to threaten or to seek to enforce a provision

made unlawful under this section, or to otherwise penalize a consumer

for making any statement protected under this section.

2. Any waiver of the provisions of this section is contrary to public

policy, and is void and unenforceable.

3. Any person or entity that violates this section shall be subject to

a civil penalty not to exceed two thousand five hundred dollars for the

first violation, and five thousand dollars for the second and for each

subsequent violation, to be assessed and collected in a civil action

brought by the consumer or by the attorney general. In addition, for a

willful or intentional violation of this section, a consumer or the

attorney general may recover a civil penalty not to exceed ten thousand

dollars. Under this section, when the civil action is brought by the

consumer, the civil penalty shall be payable to the consumer and when

the civil action is brought by the attorney general, such civil penalty

shall be payable to the state.

4. The penalty provided by this section is not an exclusive remedy,

and does not affect any other relief or remedy provided by law. This

section shall not be construed to prohibit or limit a person or business

that hosts online consumer reviews or comments from removing a statement

that is otherwise lawful to remove.

Illegal wagers, bets and stakes. All wagers, bets or stakes,

made to depend upon any race, or upon any gaming by lot or chance, or

upon any lot, chance, casualty, or unknown or contingent event whatever,

shall be unlawful.

Contracts on account of money or property wagered, bet or

staked are void. All contracts for or on account of any money or

property, or thing in action wagered, bet or staked, as provided in

section 5-401, shall be void.

Securities for money lost at gaming, void. All things in

action, judgments, mortgages, conveyances, and every other security

whatsoever, given or executed, by any person, where the whole or any

part of the consideration of the same shall be for any money or other

valuable thing won by playing at any game whatsoever, or won by betting

on the hands or sides of such as do play at any game, or where the same

shall be made for the repaying any money knowingly lent or advanced for

the purpose of such gaming or betting aforesaid, or lent or advanced at

the time and place of such play, to any person so gaming or betting

aforesaid, or to any person who during such play, shall play or bet,

shall be utterly void, except where such securities, conveyances or

mortgages shall affect any real estate, when the same shall be void as

to the grantee therein, so far only as hereinafter declared.

When any securities, mortgages or other conveyances, executed for the

whole or part of any consideration specified in the preceding paragraph

shall affect any real estate, they shall inure for the sole benefit of

such person as would be entitled to the said real estate, if the grantor

or person incumbering the same, had died, immediately upon the execution

of such instrument, and shall be deemed to be taken and held to and for

the use of the person who would be so entitled. All grants, covenants

and conveyances, for preventing such real estate from coming to, or

devolving upon, the person hereby intended to enjoy the same as

aforesaid, or in any way incumbering or charging the same, so as to

prevent such person from enjoying the same fully and entirely, shall be

deemed fraudulent and void.

Certain transfers of property in pursuance of lottery, void.

Every grant, bargain, sale, conveyance, or transfer of any real estate,

or of any goods, chattels, things in action, or any personal property,

which shall hereafter be made in pursuance of any lottery, or for the

purpose of aiding and assisting in such lottery, game or other device,

to be determined by lot or chance is hereby declared void and of no

effect.

Contracts, agreements and securities on account of raffling,

void. All contracts, agreements and securities given, made or executed,

for or on account of any raffle, or distribution of money, goods or

things in action, for the payment of any money, or other valuable thing,

in consideration of a chance in such raffle or distribution, or for the

delivery of any money, goods or things in action, so raffled for, or

agreed to be distributed as aforesaid, shall be utterly void.

Property staked may be recovered. Any person who shall pay,

deliver or deposit any money, property or thing in action, upon the

event of any wager or bet prohibited, may sue for and recover the same

of the winner or person to whom the same shall be paid or delivered, and

of the stakeholder or other person in whose hands shall be deposited any

such wager, bet or stake, or any part thereof, whether the same shall

have been paid over by such stakeholder or not, and whether any such

wager be lost or not.

Losers of certain sums may recover them. Every person who

shall, by playing at any game, or by betting on the sides or hands of

such as do play, lose at any time or sitting, the sum or value of

twenty-five dollars or upwards, and shall pay or deliver the same or any

part thereof, may, within three calendar months after such payment or

delivery, sue for and recover the money or value of the things so lost

and paid or delivered, from the winner thereof.

Money paid for lottery tickets may be recovered by action.

Any person who shall purchase any share, interest, ticket, certificate

of any share or interest, or part of a ticket, or any paper or

instrument purporting to be a ticket or share or interest in any ticket,

or purporting to be a certificate of any share or interest in any

ticket, or in any portion of any lottery, may sue for and recover double

the sum of money, and double the value of goods or things in action,

which he may have paid or delivered in consideration of such purchase,

with double costs of suit.

Any person who shall have paid any money, or valuable thing, for a

chance or interest in any lottery or distribution, prohibited by the

penal law, may sue for and recover the same of the person to whom such

payment or delivery was made.

Rate of interest; usury forbidden. 1. The rate of interest,

as computed pursuant to this title, upon the loan or forbearance of any

money, goods, or things in action, except as provided in subdivisions

five and six of this section or as otherwise provided by law, shall be

six per centum per annum unless a different rate is prescribed in

section fourteen-a of the banking law.

2. No person or corporation shall, directly or indirectly, charge,

take or receive any money, goods or things in action as interest on the

loan or forbearance of any money, goods or things in action at a rate

exceeding the rate above prescribed. The amount charged, taken or

received as interest shall include any and all amounts paid or payable,

directly or indirectly, by any person, to or for the account of the

lender in consideration for making the loan or forbearance as defined by

the superintendent of financial services pursuant to subdivision three

of section fourteen-a of the banking law except such fee as may be fixed

by the commissioner of taxation and finance as the cost of servicing

loans made by the property and liability insurance security fund.

3. If the rate of interest charged, taken or received on any loan or

forbearance secured primarily by either (i) an interest in real property

improved by a one to six family residence occupied by the owner or (ii)

certificates of stock or other evidence of an ownership interest in a

corporation or partnership formed for the purpose of the cooperative

ownership of real estate taken as security for a loan under subdivision

five of section one hundred three of the banking law, subdivision

eight-a of section two hundred thirty-five of such law or subdivision

two-a of section three hundred eighty of such law, exceeds six per

centum per annum,

a. in the case of a loan referred to by clause (i) of this

subdivision, the term of such loan or forbearance may extend five years

beyond the maximum maturity of such loan otherwise prescribed by law,

and

b. notwithstanding any other provision of law, the unpaid balance of

the loan or forbearance may be prepaid, in whole or in part, at any

time. If prepayment is made on or after one year from the date the loan

or forbearance is made, no penalty may be imposed. If prepayment is made

prior to such time, no penalty may be imposed unless provision therefor

is expressly made in the loan contract, provided that no penalty may be

imposed if prohibited by sections six-l and six-m of the banking law. In

all cases, the right of prepayment shall be stated in the instrument

evidencing the loan or forbearance, provided, however, that the

provisions of this subdivision shall not apply to the extent such

provisions are inconsistent with any federal law or regulation.

4. Except as otherwise provided by law, interest shall not be charged,

taken or received on any loan or forbearance at a rate exceeding such

rate of interest as may be authorized by law at the time the loan or

forbearance is made, whether or not the loan or forbearance is made

pursuant to a prior contract or commitment providing for a greater rate

of interest, provided, however, that no change in the rate of interest

prescribed in section fourteen-a of the banking law shall affect (a) the

validity of a loan or forbearance made before the date such rate becomes

effective, or (b) the enforceability of such loan or forbearance in

accordance with its terms, except that if any loan or forbearance

provides for an increase in the rate of interest during the term of such

loan or forbearance, the increased rate shall not exceed such rate of

interest as may have been authorized by law at the time such loan or

forbearance was made.

4-a. Notwithstanding the provisions of subdivision four of this

section, a loan or forbearance repayable on demand may provide for

changes, reflecting variations in lending rates, from time to time in

the rate of interest payable on such loan or forbearance up to the rate

of interest authorized by law at the time of such change and in such

case the rate of interest may be so changed in accordance with the terms

of the contract or loan commitment relating thereto; provided, however,

that the rate of interest charged, taken or received on such a loan or

forbearance shall not exceed the rate of interest authorized by law as

it may subsequently be reduced from time to time; and further provided,

however, that in no event shall such a loan or forbearance by subject to

an authorized rate of interest less than that applicable at the time

such loan or forbearance was made. The provisions of this subdivision

shall apply only to a loan or forbearance repayable on demand which has

an initial principal of more than five thousand dollars and which the

borrower has the right to repay at any time in whole or in part,

together with accrued interest on the principal so repaid, without any

penalty. With respect to a loan or forbearance covered by this

subdivision, the lender shall disclose to the borrower in writing not

less often than annually the amount of interest accrued or payable as of

the date of such disclosure and the manner by which such amount was

computed.

5. No law regulating the maximum rate of interest which may be

charged, taken or received shall apply to any loan or forbearance

insured by the federal housing commissioner or for which a commitment to

insure has been made by the federal housing commissioner or to any loan

or forbearance insured or guaranteed pursuant to the provisions of an

act of congress entitled "Servicemen's Readjustment Act of 1944."

6. a. No law regulating the maximum rate of interest which may be

charged, taken or received, except section 190.40 and section 190.42 of

the penal law, shall apply to any loan or forbearance in the amount of

two hundred fifty thousand dollars or more, other than a loan or a

forbearance secured primarily by an interest in real property improved

by a one or two family residence. A loan of two hundred fifty thousand

dollars or more which is to be advanced in installments pursuant to a

written agreement by a lender shall be deemed to be a single loan for

the total amount which the lender has agreed to advance pursuant to such

agreement on the terms and conditions provided therein.

b. No law regulating the maximum rate of interest which may be

charged, taken or received, including section 190.40 and section 190.42

of the penal law, shall apply to any loan or forbearance in the amount

of two million five hundred thousand dollars or more. Loans or

forbearances aggregating two million five hundred thousand dollars or

more which are to be made or advanced to any one borrower in one or more

installments pursuant to a written agreement by one or more lenders

shall be deemed to be a single loan or forbearance for the total amount

which the lender or lenders have agreed to advance or make pursuant to

such agreement on the terms and conditions provided therein.

7. Except as otherwise expressly provided by law, in the event of

prepayment in full of a loan, any refund of unearned interest to which

the borrower may be entitled may not be computed by a sum of the

balances or similar method but must be determined according to a

generally accepted actuarial method.

Usurious contracts void. 1. All bonds, bills, notes,

assurances, conveyances, all other contracts or securities whatsoever,

except bottomry and respondentia bonds and contracts, and all deposits

of goods or other things whatsoever, whereupon or whereby there shall be

reserved or taken, or secured or agreed to be reserved or taken, any

greater sum, or greater value, for the loan or forbearance of any money,

goods or other things in action, than is prescribed in section 5-501,

shall be void, except that the knowingly taking, receiving, reserving or

charging such a greater sum or greater value by a savings bank, a

savings and loan association or a federal savings and loan association

shall only be held and adjudged a forfeiture of the entire interest

which the loan or obligation carries with it or which has been agreed to

be paid thereon. If a greater sum or greater value has been paid, the

person paying the same or his legal representative may recover from the

savings bank, the savings and loan association or the federal savings

and loan association twice the entire amount of the interest thus paid.

2. Except as provided in subdivision one, whenever it shall

satisfactorily appear by the admissions of the defendant, or by proof,

that any bond, bill, note, assurance, pledge, conveyance, contract,

security or any evidence of debt, has been taken or received in

violation of the foregoing provisions, the court shall declare the same

to be void, and enjoin any prosecution thereon, and order the same to be

surrendered and cancelled.

Recovery of excess. Every person who, for any such loan or

forbearance, shall pay or deliver any greater sum or value than is

allowed to be received pursuant to section 5-501, and his personal

representatives, may recover in an action against the person who shall

have taken or received the same, and his personal representatives, the

amount of the money so paid or value delivered, above the rate

aforesaid.

Borrower bringing an action need not offer to repay.

Whenever any borrower of money, goods or things in action, shall begin

an action for the recovery of the money, goods or things in action taken

in violation of the foregoing provisions of this title, it shall not be

necessary for him to pay or offer to pay any interest or principal on

the sum or thing loaned; nor shall any court require or compel the

payment or deposit of the principal sum or interest, or any portion

thereof, as a condition of granting relief to the borrower in any case

of usurious loans forbidden by the foregoing provisions of this title.

Transfer of cause of action for usury. A cause of action to

cancel, or otherwise affect, an instrument executed, or an act done, as

security for a usurious loan or forbearance, can be transferred, where

the instrument or act creates a specific charge upon property, which is

also transferred in disaffirmance thereof, and not otherwise; but, in

that case, the transferee does not succeed to the right, conferred by

statute upon the borrower, to procure relief, without paying, or

offering to pay, any part of the sum or thing loaned.

Return of excess a bar to further penalties. Every person who

shall repay or return the money, goods or other things so taken,

accepted or received, or the value thereof, shall be discharged from any

other or further forfeiture or penalty which he may have incurred under

sections 5-511 or 5-513, by taking or receiving the money, goods or

other thing so repaid, or returned, as aforesaid.

Corporations prohibited from interposing defense of usury. 1.

No corporation shall hereafter interpose the defense of usury in any

action. The term corporation, as used in this section, shall be

construed to include all associations, and joint-stock companies having

any of the powers and privileges of corporations not possessed by

individuals or partnerships.

2. The provisions of subdivision one of this section shall not apply

to a corporation, the principal asset of which shall be the ownership of

a one or two family dwelling, where it appears either that the said

corporation was organized and created, or that the controlling interest

therein was acquired, within a period of six months prior to the

execution, by said corporation of a bond or note evidencing

indebtedness, and a mortgage creating a lien for said indebtedness on

the said one or two family dwelling; provided, that as to any such bond,

note or mortgage executed by such a corporation and effective prior to

April sixth, nineteen hundred fifty-six, the defense of usury may be

interposed only in an action or proceeding instituted for the

collection, enforcement or foreclosure of such note, bond or mortgage.

Any provision of any contract, or any separate written instrument

executed prior to, simultaneously with or within sixty days after the

delivery of any moneys to any borrower in connection with such

indebtedness, whereby the defense of usury is waived or any such

corporation is estopped from asserting it, is hereby declared to be

contrary to public policy and absolutely void.

3. The provisions of subdivision one of this section shall not apply

to any action in which a corporation interposes a defense of criminal

usury as described in section 190.40 of the penal law.

Interest permitted on advances on collateral security. In

any case in which advances of money, repayable on demand, to an amount

not less than five thousand dollars, are made upon documents of title

within article seven of the uniform commercial code or negotiable

instruments within article three or article eight of the uniform

commercial code pledged as collateral security for such repayment, it

shall be lawful to receive or to contract to receive and collect, as

compensation for making such advances, any sum to be agreed upon in

writing, by the parties to such transaction, provided that there shall

not be received or contracted to be received and collected on such

advances any amount which would be in violation of section 190.40 of the

penal law.

Taking security upon certain property for usurious loans. A

person who takes security, upon any household furniture, sewing

machines, plate or silverware in actual use, tools or implements of

trade, wearing apparel or jewelry, for a loan or forbearance of money,

or for the use or sale of his personal credit, conditioned upon the

payment of a greater rate than the rate prescribed by the superintendent

of financial services pursuant to section fourteen-a of the banking law,

or, if no rate has been so prescribed, six per centum per annum, or who

as security for such loan, use or sale of personal credit as aforesaid,

makes a pretended purchase of such property from any person, upon the

like condition, and permits the pledgor to retain the possession thereof

is guilty of a misdemeanor.

Interest charged by a registered broker or dealer for

carrying debit balances. Interest charged by a broker or dealer

registered under the securities exchange act of nineteen hundred

thirty-four, as amended, for carrying a debit balance including a debit

balance arising out of a non-purpose loan, in an account for a customer

shall not be subject to the limitations of this title, including the

limitations contained in subdivision two of section 5-527 of this title,

if such debit balance is payable on demand and secured by securities or

commodities upon which credit can be extended by a broker or dealer, and

if, on the date when the interest is charged or accrued, such interest

is not greater than eight percentage points above the prime rate. For

the purposes of this section, the prime rate shall equal the average

prime rate on short term business loans which is published by the board

of governors of the federal reserve system for the most recent week

which was publicly available from the board of governors of the federal

reserve system on the previous business day.

Interest on secured loans or forbearances. 1. Interest

charged on loans or forbearances made to corporations for business or

commercial purposes in the amount of one hundred thousand dollars or

more and secured in compliance with the uniform commercial code shall

not be subject to the limitations of this title or sections 190.40 and

190.42 of the penal law, if on the date when the interest is charged or

accrued, such interest is not greater than eight percentage points above

the prime rate.

2. Such secured loans or forbearances which are made or advanced to

any one corporate borrower in one or more installments pursuant to a

written agreement which provides for either discretionary or mandatory

advances by one or more lenders shall be deemed to be a single loan or

forbearance for the total amount which the lender or lenders have

advanced, if such advances are discretionary, or have agreed to advance,

if such advances are mandatory, pursuant to such agreement on the terms

and conditions provided therein.

3. For purposes of this section, the loan or forbearance transaction

must create a security interest as set forth in section 9--109 of the

uniform commercial code and must be filed pursuant to article nine of

such code unless filing is not required pursuant to section 9--310 of

such code, or (b) must create a security interest set forth in section

9--110 of such code.

4. For purposes of this section, the prime rate shall equal the

average prime rate on short term business loans which is published by

the board of governors of the federal reserve system for the most recent

week which was publicly available from the board of governors of the

federal reserve system on the previous business day.

Enforceability of compound interest. 1. A loan or other

agreement providing for compound interest shall be enforceable

notwithstanding the date that such loan or other agreement providing for

such compound interest shall have been executed; provided, however, that

such compound interest shall begin to accrue and become due and payable

on the later to occur of (a) June twenty-fourth, nineteen hundred

eighty-nine or (b) the date that any obligation to pay such compound

interest may have arisen, including, but not limited to, the date of any

default or event of default under such loan or other agreement. For

purposes of this subdivision, the term "compound interest" shall mean

the accruing of interest upon unpaid interest irrespective of whether

such unpaid interest is added to the principal debt.

2. The provisions of this section shall not be applicable to any loan

or other financing agreement where the original principal debt is in an

amount of two hundred fifty thousand dollars or less, or to any loan or

other financing agreement secured primarily by a one or two family

owner-occupied residence. For purposes of this subdivision the term

"residence" shall include a lessee's interest in a proprietary lease

granted by a cooperative housing corporation.

3. Notwithstanding the provisions of subdivision two of this section,

nothing in this section shall affect the maximum rate of interest which

may be charged, taken or received as provided by law, or be construed to

limit, impair or otherwise affect any loan or other agreement which is,

or would be, enforceable without reference to this section, including

but not limited to an agreement made pursuant to section six-f of the

banking law.

Brokerage on loans; recovery of excess; effect of

restitution. 1. No person shall, directly or indirectly, take or receive

more than fifty cents for a brokerage, soliciting, driving or procuring

the loan or forbearance of one hundred dollars, and in that proportion

for a greater or less sum, except loans on real estate security; nor

more than thirty-eight cents for making or renewing any bond, bill, note

or other security given for such loan or forbearance, or for any counter

bond, bill, note or other security concerning the same.

2. For the purposes of this section:

a. "Consumer" means a natural person.

b. "Loan broker" means any individual, firm, corporation, or

partnership who agrees for a fee to obtain a loan or credit for a

consumer or to assist a consumer in obtaining a loan or credit, other

than a loan or credit on real estate security.

c. No loan broker shall solicit, receive or collect from a consumer

the fee authorized by subdivision one of this section in advance of the

disbursement of loan proceeds or the extension of credit to a consumer.

d. No loan broker shall solicit, receive or collect from a consumer

any fee, advance payment or compensation of any nature other than the

fee authorized by subdivision one of this section.

3. a. Every person who shall pay, deliver or deposit any money,

property or thing in action, over and above the rate aforesaid, and his

personal representatives may, within three years after such payment,

delivery or deposit, sue for and recover the same of the person so

taking or receiving such money, property or thing in action, or of his

personal representatives. Judgment may be entered in favor of a consumer

in an amount not to exceed three times the actual damages plus

reasonable attorneys' fees.

b. In case such suit shall not be brought within the time above

prescribed, in good faith, or in case it shall be discontinued, or

willfully delayed, then the public welfare officials of the city or town

where the offense was committed, may, within one year after such

neglect, discontinuance or delay, sue for and recover the money,

property or thing in action, so received, delivered or deposited, from

the person receiving the same, or his personal representatives, for the

use of the poor of the county.

c. In addition to the other remedies provided, whenever there shall be

a violation of subdivision two of this section, 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 by a special proceeding

to issue an injunction, and upon notice to the defendant of not less

than five days, to enjoin and restrain the continuance of such

violations; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this article, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding, the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. Whenever the court shall determine that a violation of this

article has occurred, the court may impose a civil penalty of not more

than one thousand dollars for each violation. In connection with any

such proposed application, the attorney general is authorized to take

proof and make a determination of the relevant facts and to issue

subpoenas in accordance with the civil practice law and rules.

Interest on deposits in escrow with mortgage investing

institutions. Any mortgage investing institution which maintains an

escrow account pursuant to any agreement executed in connection with a

mortgage on any one to six family residence occupied by the owner or on

any property owned by a cooperative apartment corporation, as defined in

subdivision twelve of section three hundred sixty of the tax law, (as

such subdivision was in effect on December thirtieth, nineteen hundred

sixty), and located in this state shall, for each quarterly period in

which such escrow account is established, credit the same with dividends

or interest at a rate of not less than two per centum per year based on

the average of the sums so paid for the average length of time on

deposit or a rate prescribed by the superintendent of financial services

pursuant to section fourteen-b of the banking law and pursuant to the

terms and conditions set forth in that section whichever is higher. The

superintendent of financial services shall prescribe by regulation the

method or basis of computing any minimum rate of interest required by

this section and any such minimum rate shall be a net rate over and

above any service charge that may be imposed by any mortgage lending

institution for maintaining an escrow account. No mortgage investing

institution shall impose a service charge in connection with the

maintenance of an escrow account unless provision therefor was expressly

made in a loan contract executed prior to the effective date of this

section.

Interest on insurance draft deposits in escrow with mortgage

investing institutions. Any mortgage investing institution which

maintains an escrow account pursuant to any agreement executed in

connection with a mortgage or any loan, secured by a lien on any one to

six family residence occupied by the owner or on any property owned by a

cooperative apartment corporation, as defined in subdivision twelve of

section three hundred sixty of the tax law, (as such subdivision was in

effect on December thirtieth, nineteen hundred sixty), and located in

this state and which residence or cooperative apartment corporation

received from an insurance carrier a draft, forwarded to a mortgage

investing institution, as compensation for damage done to a residence

shall, for each quarterly period in which such escrow account is

established, credit the same with dividends or interest at a rate of not

less than two per centum per year based on the average of the sums so

paid for the average length of time on deposit or a rate prescribed by

the superintendent of financial services pursuant to section fourteen-b

of the banking law and pursuant to the terms and conditions set forth in

that section whichever is higher. The superintendent of financial

services shall prescribe by regulation the method or basis of computing

any minimum rate of interest required by this section and any such

minimum rate shall be a net rate over and above any service charge that

may be imposed by any mortgage lending institution for maintaining an

escrow account. No mortgage investing institution shall impose a service

charge in connection with the maintenance of an escrow account unless

provision therefor was expressly made in a loan contract executed prior

to the effective date of this section.

Agreements required to be in writing. a. Every agreement,

promise or undertaking is void, unless it or some note or memorandum

thereof be in writing, and subscribed by the party to be charged

therewith, or by his lawful agent, if such agreement, promise or

undertaking:

1. By its terms is not to be performed within one year from the making

thereof or the performance of which is not to be completed before the

end of a lifetime;

2. Is a special promise to answer for the debt, default or miscarriage

of another person;

3. Is made in consideration of marriage, except mutual promises to

marry;

5. Is a subsequent or new promise to pay a debt discharged in

bankruptcy;

6. Notwithstanding section 2-201 of the uniform commercial code, if

the goods be sold at public auction, and the auctioneer at the time of

the sale, enters in a sale book, a memorandum specifying the nature and

price of the property sold, the terms of the sale, the name of the

purchaser, and the name of the person on whose account the sale was

made, such memorandum is equivalent in effect to a note of the contract

or sale, subscribed by the party to be charged therewith;

9. Is a contract to assign or an assignment, with or without

consideration to the promisor, of a life or health or accident insurance

policy, or a promise, with or without consideration to the promisor, to

name a beneficiary of any such policy. This provision shall not apply to

a policy of industrial life or health or accident insurance.

10. Is a contract to pay compensation for services rendered in

negotiating a loan, or in negotiating the purchase, sale, exchange,

renting or leasing of any real estate or interest therein, or of a

business opportunity, business, its good will, inventory, fixtures or an

interest therein, including a majority of the voting stock interest in a

corporation and including the creating of a partnership interest.

"Negotiating" includes procuring an introduction to a party to the

transaction or assisting in the negotiation or consummation of the

transaction. This provision shall apply to a contract implied in fact or

in law to pay reasonable compensation but shall not apply to a contract

to pay compensation to an auctioneer, an attorney at law, or a duly

licensed real estate broker or real estate salesman.

b. Notwithstanding paragraph one of subdivision a of this section:

1. An agreement, promise, undertaking or contract, which is valid in

other respects and is otherwise enforceable, is not void for lack of a

note, memorandum or other writing and is enforceable by way of action or

defense provided that such agreement, promise, undertaking or contract

is a qualified financial contract as defined in paragraph two of this

subdivision and (a) there is, as provided in paragraph three of this

subdivision, sufficient evidence to indicate that a contract has been

made, or (b) the parties thereto, by means of a prior or subsequent

written contract, have agreed to be bound by the terms of such qualified

financial contract from the time they reach agreement (by telephone, by

exchange of electronic messages, or otherwise) on those terms.

2. For purposes of this subdivision, a "qualified financial contract"

means an agreement as to which each party thereto is other than a

natural person and which is:

(a) for the purchase and sale of foreign exchange, foreign currency,

bullion, coin or precious metals on a forward, spot, next-day value or

other basis;

(b) a contract (other than a contract for the purchase and sale of a

commodity for future delivery on, or subject to the rules of, a contract

market or board of trade) for the purchase, sale or transfer of any

commodity or any similar good, article, service, right, or interest

which is presently or in the future becomes the subject of dealing in

the forward contract trade, or any product or byproduct thereof, with a

maturity date more than two days after the date the contract is entered

into;

(c) for the purchase and sale of currency, or interbank deposits

denominated in United States dollars;

(d) for a currency option, currency swap or cross-currency rate swap;

(e) for a commodity swap or a commodity option (other than an option

contract traded on, or subject to the rules of a contract market or

board of trade);

(f) for a rate swap, basis swap, forward rate transaction, or an

interest rate option;

(g) for a security-index swap or option or a security (or securities)

price swap or option;

(h) an agreement which involves any other similar transaction relating

to a price or index (including, without limitation, any transaction or

agreement involving any combination of the foregoing, any cap, floor,

collar or similar transaction with respect to a rate, commodity price,

commodity index, security (or securities) price, security-index or other

price index);

(i) for the assignment, sale, trade, participation or exchange of

indebtedness or claims relating thereto arising in the course of the

claimant's business or profession (including but not limited to

commercial and/or bank loans, choses in action arising under or in

connection with loan agreements and private notes, and including forward

sales), but only to the extent that such indebtedness or obligation was

not incurred by a natural person primarily for personal, family or

household purposes; or

(j) an option with respect to any of the foregoing.

3. There is sufficient evidence that a contract has been made if:

(a) There is evidence of electronic communication (including, without

limitation, the recording of a telephone call or the tangible written

text produced by computer retrieval), admissible in evidence under the

laws of this state, sufficient to indicate that in such communication a

contract was made between the parties;

(b) A confirmation in writing sufficient to indicate that a contract

has been made between the parties and sufficient against the sender is

received by the party against whom enforcement is sought no later than

the fifth business day after such contract is made (or such other period

of time as the parties may agree in writing) and the sender does not

receive, on or before the third business day after such receipt (or such

other period of time as the parties may agree in writing), written

objection to a material term of the confirmation; for purposes of this

subparagraph, a confirmation or an objection thereto is received at the

time there has been actual receipt by an individual responsible for the

transaction or, if earlier, at the time there has been constructive

receipt which is the time actual receipt by such an individual would

have occurred if the receiving party, as an organization, has exercised

reasonable diligence; and a "business day" for the purposes of this

subparagraph is a day on which both parties are open and transacting

business of the kind involved in that qualified financial contract which

is the subject of the confirmation;

(c) The party against whom enforcement is sought admits in its

pleading, testimony or otherwise in court that a contract was made; or

(d) There is a note, memorandum or other writing sufficient to

indicate that a contract has been made, signed by the party against whom

enforcement is sought or by its authorized agent or broker.

For purposes of this paragraph evidence of an electronic communication

indicating the making therein of a contract or a confirmation,

admission, note, memorandum or writing is not insufficient because it

omits or incorrectly states one or more material terms agreed upon, so

long as such evidence provides a reasonable basis for concluding that a

contract was made.

4. For purposes of this subdivision, the tangible written text

produced by telex, telefacsimile, computer retrieval or other process by

which electronic signals are transmitted by telephone or otherwise shall

constitute a writing and any symbol executed or adopted by a party with

the present intention to authenticate a writing shall constitute a

signing. The confirmation and notice of objection referred to in

subparagraph (b) of paragraph three of this subdivision may be

communicated by means of telex, telefacsimile, computer or other similar

process by which electronic signals are transmitted by telephone or

otherwise, provided that a party claiming to have communicated in such a

manner shall, unless the parties have otherwise agreed in writing, have

the burden of establishing actual or constructive receipt by the other

party as set forth in subparagraph (b) of paragraph three of this

subdivision.

Requirements for use of plain language in consumer

transactions. a. Every written agreement entered into after November

first, nineteen hundred seventy-eight, for the lease of space to be

occupied for residential purposes, for the lease of personal property to

be used primarily for personal, family or household purposes or to which

a consumer is a party and the money, property or service which is the

subject of the transaction is primarily for personal, family or

household purposes must be:

1. Written in a clear and coherent manner using words with common and

every day meanings;

2. Appropriately divided and captioned by its various sections.

Any creditor, seller or lessor who fails to comply with this

subdivision shall be liable to a consumer who is a party to a written

agreement governed by this subdivision in an amount equal to any actual

damages sustained plus a penalty of fifty dollars. The total class

action penalty against any such creditor, seller or lessor shall not

exceed ten thousand dollars in any class action or series of class

actions arising out of the use by a creditor, seller or lessor of an

agreement which fails to comply with this subdivision. No action under

this subdivision may be brought after both parties to the agreement have

fully performed their obligation under such agreement, nor shall any

creditor, seller or lessor who attempts in good faith to comply with

this subdivision be liable for such penalties. This subdivision shall

not apply to a good faith attempt to describe the constant yield or

other method of determining the lease charge and depreciation portions

of each base rental payment under a lease of personal property. It also

shall not apply to agreements involving amounts in excess of two hundred

fifty thousand dollars nor prohibit the use of words or phrases or forms

of agreement required by state or federal law, rule or regulation or by

a governmental instrumentality.

b. A violation of the provisions of subdivision a of this section

shall not render any such agreement void or voidable nor shall it

constitute:

1. A defense to any action or proceeding to enforce such agreement; or

2. A defense to any action or proceeding for breach of such agreement.

c. In addition to the above, whenever the attorney general finds that

there has been a violation of this section, he may proceed as provided

in subdivision twelve of section sixty-three of the executive law.

Conveyances and contracts concerning real property required

to be in writing. 1. An estate or interest in real property, other than

a lease for a term not exceeding one year, or any trust or power, over

or concerning real property, or in any manner relating thereto, cannot

be created, granted, assigned, surrendered or declared, unless by act or

operation of law, or by a deed or conveyance in writing, subscribed by

the person creating, granting, assigning, surrendering or declaring the

same, or by his lawful agent, thereunto authorized by writing. But this

subdivision does not affect the power of a testator in the disposition

of his real property by will; nor prevent any trust from arising or

being extinguished by implication or operation of law, nor any

declaration of trust from being proved by a writing subscribed by the

person declaring the same.

2. A contract for the leasing for a longer period than one year, or

for the sale, of any real property, or an interest therein, is void

unless the contract or some note or memorandum thereof, expressing the

consideration, is in writing, subscribed by the party to be charged, or

by his lawful agent thereunto authorized by writing.

3. A contract to devise real property or establish a trust of real

property, or any interest therein or right with reference thereto, is

void unless the contract or some note or memorandum thereof is in

writing and subscribed by the party to be charged therewith, or by his

lawfully authorized agent.

4. Nothing contained in this section abridges the powers of courts of

equity to compel the specific performance of agreements in cases of part

performance.

Execution and acknowledgment of assumption of mortgage debt

by grantee of mortgaged real property. No grantee of real property shall

be liable upon any indebtedness secured by a mortgage thereon executed

prior to the time of the conveyance of the real property to the grantee,

nor shall he be liable for any deficiency that may remain upon the

foreclosure and sale of real property covered by such a mortgage, after

application of the proceeds of sale, unless such grantee shall

simultaneously with the conveyance to him of such real property execute

and acknowledge, before an officer authorized to take acknowledgments of

deeds, a statement in writing stating in substance that such grantee

assumes and agrees to pay such mortgage debt and giving the specific

amount of the debt assumed. The execution and acknowledgment by a

grantee of the deed of conveyance to him containing such written

statement shall be sufficient compliance with the provisions of this

section. This section shall not apply, however, where, subsequent to the

conveyance and upon an extension or modification of the indebtedness

secured by the mortgage, the grantee shall execute and acknowledge,

before an officer authorized to take acknowledgments of deeds, a

statement in writing stating that such grantee assumes and agrees to pay

such mortgage debt, and giving the specific amount of the debt assumed.

Certain provisions of leases of personal property inoperative

unless notice thereof given to lessee. No provision of a lease of any

personal property which states that the term thereof shall be deemed

renewed for a specified additional period unless the lessee gives notice

to the lessor of his intention to release the property at the expiration

of such term, shall be operative unless the lessor, at least fifteen

days and not more than thirty days previous to the time specified for

the furnishing of such notice to him, shall give to the lessee written

notice, served personally or by mail, calling the attention of the

lessee to the existence of such provision in the lease. Nothing herein

contained shall be construed to apply to a contract in which the

automatic renewal period specified is one month or less.

Automatic renewal provision of contract for service,

maintenance or repair unenforceable by contractor unless notice thereof

given to recipient of services. 1. As used in this section, "person"

means an individual, firm, company, partnership or corporation.

2. No provision of a contract for service, maintenance or repair to or

for any real or personal property which states that the term of the

contract shall be deemed renewed for a specified additional period

unless the person receiving the service, maintenance or repair gives

notice to the person furnishing such contract service, maintenance or

repair of his intention to terminate the contract at the expiration of

such term, shall be enforceable against the person receiving the

service, maintenance or repair, unless the person furnishing the

service, maintenance or repair, at least fifteen days and not more than

thirty days previous to the time specified for serving such notice upon

him, shall give to the person receiving the service, maintenance or

repair written notice, served personally or by certified mail, calling

the attention of that person to the existence of such provision in the

contract.

3. Nothing herein contained shall be construed to apply to a contract

in which the automatic renewal period specified is one month or less.

Certain provisions of leases to be inoperative unless express

notice thereof is given to tenant. No provision of a lease of any real

property or premises which states that the term thereof shall be deemed

renewed for a specified additional period of time unless the tenant

gives notice to the lessor of his intention to quit the premises at the

expiration of such term shall be operative unless the lessor, at least

fifteen days and not more than thirty days previous to the time

specified for the furnishing of such notice to him, shall give to the

tenant written notice, served personally or by registered or certified

mail, calling the attention of the tenant to the existence of such

provision in the lease.

Agreements relating to securities. An agreement, promise or

undertaking for the purchase, sale, transfer, assignment or delivery of

a certificate or other evidence of debt, issued by the United States or

by any state, or a municipal or other corporation, or of any share or

interest in the stock of any bank corporation or joint stock

association, incorporated or organized under the laws of the United

States or of any state, is not void or voidable, for want of

consideration, or because of the nonpayment of consideration, or because

the vendor, at the time of making such contract, is not the owner or

possessor of the certificate or certificates or other evidence of debt,

share or interest.

Written agreement for modification or discharge. An

agreement, promise or undertaking to change or modify, or to discharge

in whole or in part, any contract, obligation, or lease, or any mortgage

or other security interest in personal or real property, shall not be

invalid because of the absence of consideration, provided that the

agreement, promise or undertaking changing, modifying, or discharging

such contract, obligation, lease, mortgage or security interest, shall

be in writing and signed by the party against whom it is sought to

enforce the change, modification or discharge, or by his agent.

Written promise expressing past consideration. A promise in

writing and signed by the promisor or by his agent shall not be denied

effect as a valid contractual obligation on the ground that

consideration for the promise is past or executed, if the consideration

is expressed in the writing and is proved to have been given or

performed and would be a valid consideration but for the time when it

was given or performed.

Written assignment. An assignment shall not be denied the

effect of irrevocably transferring the assignor's rights because of the

absence of consideration, if such assignment is in writing and signed by

the assignor, or by his agent.

Written irrevocable offer. Except as otherwise provided in

section 2-205 of the uniform commercial code with respect to an offer by

a merchant to buy or sell goods, when an offer to enter into a contract

is made in a writing signed by the offeror, or by his agent, which

states that the offer is irrevocable during a period set forth or until

a time fixed, the offer shall not be revocable during such period or

until such time because of the absence of consideration for the

assurance of irrevocability. When such a writing states that the offer

is irrevocable but does not state any period or time of irrevocability,

it shall be construed to state that the offer is irrevocable for a

reasonable time.

Execution by agent in real property transactions; written

authorization required. If executed by an agent, any agreement,

promise, undertaking, assignment or offer required by section 5-1103,

5-1105, 5-1107 or 5-1109 to be in writing, which affects or relates to

real property or an interest therein in any manner stated in

subdivisions one or two of section 5-703 of this chapter, shall be void

unless such agent was thereunto authorized in writing.

Written or published promise or reward. A promise to pay a

reward for return of lost or mislaid property is not unenforceable

because of absence of consideration if the promise was made in writing

or the promisor caused it to be published.

Promises and warranties in conveyances made without

consideration. A promise or warranty by the grantor in a deed or

conveyance of an estate or interest in real property and acknowledged or

proved in the manner prescribed by law to entitle it to be recorded

shall not be denied effect because of the absence of consideration, if

no consideration was intended.

How interest calculated. Whenever, in any statute, act,

deed, written or verbal contract, or in any public or private instrument

whatever, any certain rate of interest is or shall be mentioned, and no

period of time is stated for which such rate is to be calculated,

interest shall be calculated at the rate mentioned, by the year, in the

same manner as if the words "per annum" or "by the year" had been added

to such rate.

Uniform vendor and purchaser risk act. 1. Any contract for

the purchase and sale or exchange of realty shall be interpreted, unless

the contract expressly provides otherwise, as including an agreement

that the parties shall have the following rights and duties:

a. When neither the legal title nor the possession of the subject

matter of the contract has been transferred to the purchaser: (1) if all

or a material part thereof is destroyed without fault of the purchaser

or is taken by eminent domain, the vendor cannot enforce the contract,

and the purchaser is entitled to recover any portion of the price that

he has paid; but nothing herein contained shall be deemed to deprive the

vendor of any right to recover damages against the purchaser for any

breach of contract by the purchaser prior to the destruction or taking;

(2) if an immaterial part thereof is destroyed without fault of the

purchaser or is taken by eminent domain, neither the vendor nor the

purchaser is thereby deprived of the right to enforce the contract; but

there shall be, to the extent of the destruction or taking, an abatement

of the purchase price.

b. When either the legal title or the possession of the subject matter

of the contract has been transferred to the purchaser, if all or any

part thereof is destroyed without fault of the vendor or is taken by

eminent domain, the purchaser is not thereby relieved from a duty to pay

the price, nor is he thereby entitled to recover any portion thereof

that he has paid; but nothing herein contained shall be deemed to

deprive the purchaser of any right to recover damages against the vendor

for any breach of contract by the vendor prior to the destruction or

taking.

2. This section shall be so interpreted and construed as to effectuate

its general purpose to make uniform the law of those states which enact

it.

3. This section may be cited as the uniform vendor and purchaser risk

act.

Choice of law. 1. The parties to any contract, agreement or

undertaking, contingent or otherwise, in consideration of, or relating

to any obligation arising out of a transaction covering in the aggregate

not less than two hundred fifty thousand dollars, including a

transaction otherwise covered by subsection (a) of section 1--301 of the

uniform commercial code, may agree that the law of this state shall

govern their rights and duties in whole or in part, whether or not such

contract, agreement or undertaking bears a reasonable relation to this

state. This section shall not apply to any contract, agreement or

undertaking (a) for labor or personal services, (b) relating to any

transaction for personal, family or household services, or (c) to the

extent provided to the contrary in subsection (c) of section 1--301 of

the uniform commercial code.

2. Nothing contained in this section shall be construed to limit or

deny the enforcement of any provision respecting choice of law in any

other contract, agreement or undertaking.

Choice of forum. 1. Notwithstanding any act which limits or

affects the right of a person to maintain an action or proceeding,

including, but not limited to, paragraph (b) of section thirteen hundred

fourteen of the business corporation law and subdivision two of section

two hundred-b of the banking law, any person may maintain an action or

proceeding against a foreign corporation, non-resident, or foreign state

where the action or proceeding arises out of or relates to any contract,

agreement or undertaking for which a choice of New York law has been

made in whole or in part pursuant to section 5-1401 and which (a) is a

contract, agreement or undertaking, contingent or otherwise, in

consideration of, or relating to any obligation arising out of a

transaction covering in the aggregate, not less than one million

dollars, and (b) which contains a provision or provisions whereby such

foreign corporation or non-resident agrees to submit to the jurisdiction

of the courts of this state.

2. Nothing contained in this section shall be construed to affect the

enforcement of any provision respecting choice of forum in any other

contract, agreement or undertaking.

Application and definitions. 1. This title shall apply to

all powers of attorney except powers of attorney excluded from this

title by section 5-1501C of this title.

2. As used in this title the following terms shall have the following

meanings:

(a) "Agent" means a person granted authority to act as

attorney-in-fact for the principal under a power of attorney, and

includes the original agent and any co-agent or successor agent. Unless

the context indicates otherwise, an "agent" designated in a power of

attorney shall mean "attorney-in-fact" for the purposes of this title.

An agent acting under a power of attorney has a fiduciary relationship

with the principal.

(b) "Benefits from governmental programs or civil or military service"

means any benefit, program or assistance provided under a statute or

governmental regulation, including social security, medicare and

medicaid.

(c) "Capacity" means ability to comprehend the nature and consequences

of the act of executing and granting, revoking, amending or modifying a

power of attorney, any provision in a power of attorney, or the

authority of any person to act as agent under a power of attorney.

(d) "Compensation" means reasonable compensation authorized to be paid

to the agent from assets of the principal for services actually rendered

by the agent pursuant to the authority granted in a power of attorney.

(e) "Financial institution" means a financial entity, including, but

not limited to: a bank, trust company, national bank, savings bank,

federal mutual savings bank, savings and loan association, federal

savings and loan association, federal mutual savings and loan

association, credit union, federal credit union, branch of a foreign

banking corporation, public pension fund, retirement system, securities

broker, securities dealer, securities firm, and insurance company.

(f) "Incapacitated" means to be without capacity.

(g) "Internal Revenue Code" means the United States Internal Revenue

Code of 1986, as amended. Such references, however, shall be deemed to

constitute references to any corresponding provisions of any subsequent

federal tax code.

(h) "Monitor" means a person appointed in the power of attorney who

has the authority to request, receive, and seek to compel the agent to

provide a record of all receipts, disbursements, and transactions

entered into by the agent on behalf of the principal.

(i) "Person" means an individual, whether acting for himself or

herself, or as a fiduciary or as an official of any legal, governmental

or commercial entity (including, but not limited to, any such entity

identified in this subdivision), corporation, business trust, estate,

trust, partnership, limited liability company, association, joint

venture, government, governmental subdivision, government agency,

government entity, government instrumentality, public corporation, or

any other legal or commercial entity.

(j) "Power of attorney" means a written document, other than a

document referred to in section 5-1501C of this title, by which a

principal with capacity designates an agent to act on his or her behalf

and includes both a statutory short form power of attorney and a

non-statutory power of attorney.

(k) "Principal" means an individual who is eighteen years of age or

older, acting for himself or herself and not as a fiduciary or as an

official of any legal, governmental or commercial entity, who executes a

power of attorney.

(l) "Record" means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form.

(m) "Sign" means to place any memorandum, mark or sign, written,

printed, stamped, photographed, engraved or otherwise upon an instrument

or writing, or to use an electronic signature as that term is defined in

subdivision three of section three hundred two of the state technology

law, with the intent to execute the instrument, writing or electronic

record. In accordance with the requirements of section three hundred

seven of the state technology law, a power of attorney or any other

instrument executed by the principal or agent that is recordable under

the real property law shall not be executed with an electronic

signature.

(n) "Statutory short form power of attorney" means a power of attorney

that meets the requirements of paragraphs (a), (b) and (c) of

subdivision one of section 5-1501B of this title, and that substantially

conforms to the wording of the form set forth in section 5-1513 of this

title; provided however, that any section indicated as "Optional" that

is not used may be omitted and replaced by the words "Intentionally

Omitted". A given power of attorney substantially conforms to the form

required pursuant to section 5-1513 of this title notwithstanding that

the form contains (i) an insignificant mistake in wording, spelling,

punctuation or formatting, or the use of bold or italic type; or (ii)

uses language that is essentially the same as, but is not identical to,

the statutory form, including utilizing language from a previous

statute. The determination of whether there is substantial conformity

with the form set forth in section 5-1513 of this title shall not depend

on the presence or absence of a particular clause. Failing to include

clauses that are not relevant to a given power of attorney shall not in

itself cause such power of attorney to be found to not substantially

conform with the requirements of such form. The use of the form set

forth in section 5-1513 of this title is lawful and when used, it shall

be construed as a statutory short form power of attorney. A statutory

short form power of attorney may be used to grant authority provided in

sections 5-1502A through 5-1502N of this title. A "statutory short form

power of attorney" may contain modifications or additions as provided in

section 5-1503 of this title.

(o) "Non-statutory power of attorney" means a power of attorney that

is not a statutory short form power of attorney.

(p) "Third party" means a financial institution or person other than a

principal or an agent.

Power of attorney not affected by incapacity. 1. A power of

attorney is durable unless it expressly provides that it is terminated

by the incapacity of the principal.

2. The subsequent incapacity of a principal shall not revoke or

terminate the authority of an agent who acts under a durable power of

attorney. All acts done during any period of the principal's incapacity

by an agent pursuant to a durable power of attorney shall have the same

effect and inure to the benefit of and bind a principal and his or her

distributees, devisees, legatees and personal representatives as if such

principal had capacity. If a guardian is thereafter appointed for such

principal, such agent, during the continuance of the appointment, shall

account to the guardian rather than to such principal.

Creation of a valid power of attorney; when effective. 1.

To be valid, except as otherwise provided in section 5-1512 of this

title, a statutory short form power of attorney, or a non-statutory

power of attorney, executed in this state by a principal, must:

(a) Be typed or printed using letters which are legible or of clear

type no less than twelve point in size, or, if in writing, a reasonable

equivalent thereof.

(b) Be signed, initialed and dated by a principal with capacity, or in

the name of such principal by another person, other than a person

designated as the principal's agent or successor agent, in the

principal's presence and at the principal's direction, in either case

with the signature of the person signing duly acknowledged in the manner

prescribed for the acknowledgment of a conveyance of real property and

witnessed by two persons who are not named in the instrument as agents

or as permissible recipients of gifts, in the manner described in

subparagraph two of paragraph (a) of section 3-2.1 of the estate, powers

and trusts law in the presence of the principal. The person who takes

the acknowledgement under this paragraph may also serve as one of the

witnesses. When a person signs at the direction of a principal he or she

shall sign by writing or printing the principal's name, and printing and

signing his or her own name.

(c) Be signed and dated by any agent acting on behalf of the principal

with the signature of the agent duly acknowledged in the manner

prescribed for the acknowledgment of a conveyance of real property. A

power of attorney executed pursuant to this section is not invalid

solely because there has been a lapse of time between the date of

acknowledgment of the signature of the principal and the date or dates

of acknowledgment of the signature or signatures of any agent or agents

or successor agent or successor agents authorized to act on behalf of

the principal or because the principal became incapacitated during any

such lapse of time.

(d) Substantially conform to the wording of the:

(1) "Caution to the Principal" in paragraph (a) of subdivision one of

section 5-1513 of this title; and

(2) "Important Information for the Agent" in paragraph (n) of

subdivision one of section 5-1513 of this title.

2. Insubstantial variation in the wording of the "Caution to the

Principal" of paragraph (a) of subdivision one of section 5-1513 of this

title or of the "Important Information for the Agent" of paragraph (n)

of subdivision one of section 5-1513 of this title shall not prevent a

power of attorney from being deemed a statutory short form power of

attorney or a non-statutory power of attorney.

3. (a) The date on which an agent's signature is acknowledged is the

effective date of the power of attorney as to that agent; provided,

however, that if two or more agents are designated to act together, the

power of attorney takes effect when all the agents so designated have

signed such power of attorney with their signatures acknowledged.

(b) If the power of attorney states that it takes effect upon the

occurrence of a date or a contingency specified in the document, then

the power of attorney takes effect only when the date or contingency

identified in the document has occurred, and the signature of the agent

acting on behalf of the principal has been acknowledged. If the document

requires that a person or persons named or otherwise identified therein

declare, in writing, that the identified contingency has occurred, such

a declaration satisfies the requirement of this paragraph without regard

to whether the specified contingency has occurred.

4. Nothing of this title shall be construed to bar the use or validity

of any other or different form of power of attorney desired by a person

other than a principal as the term principal is defined in section

5-1501 of this title.

5. (a) Notwithstanding any other provision of this section, any

statutory short form power of attorney and any statutory gift rider

executed by a principal in the manner conforming with the law in effect

at the time shall remain valid and enforceable pursuant to section

5-1504 of this title, even if signed by an agent at a later date,

including but not limited to, being signed on or after June thirteenth,

two thousand twenty-one.

(b) Any revocation of a power of attorney that was delivered to an

agent shall remain in effect pursuant to this subdivision.

6. Nothing in this title shall prohibit the execution of a valid power

of attorney for the purpose of transferring a salvage certificate of

title and the execution of an odometer and damage disclosure statement

in connection with such title by electronic means pursuant to article

three of the state technology law.

Powers of attorney excluded from this title. The provisions

of this title shall not apply to the following powers of attorney:

1. a power of attorney given primarily for a business or commercial

purpose, including without limitation:

(a) a power to the extent it is coupled with an interest in the

subject of the power;

(b) a power given to or for the benefit of a creditor in connection

with a loan or other credit transaction;

(c) a power given to facilitate transfer or disposition of one or more

specific stocks, bonds or other assets, whether real, personal, tangible

or intangible;

2. a proxy or other delegation to exercise voting rights or management

rights with respect to an entity;

3. a power created on a form prescribed by a government or

governmental subdivision, agency or instrumentality for a governmental

purpose;

4. a power authorizing a third party to prepare, execute, deliver,

submit and/or file a document or instrument with a government or

governmental subdivision, agency or instrumentality or other third

party;

5. a power authorizing a financial institution or employee of a

financial institution to take action relating to an account in which the

financial institution holds cash, securities, commodities or other

financial assets on behalf of the person giving the power;

6. a power given by an individual who is or is seeking to become a

director, officer, shareholder, employee, partner, limited partner,

member, unit owner or manager of a corporation, partnership, limited

liability company, condominium or other legal or commercial entity in

his or her capacity as such;

7. a power contained in a partnership agreement, limited liability

company operating agreement, declaration of trust, declaration of

condominium, condominium bylaws, condominium offering plan or other

agreement or instrument governing the internal affairs of an entity

authorizing a director, officer, shareholder, employee, partner, limited

partner, member, unit owner, manager or other person to take lawful

action relating to such entity;

8. a power given to a condominium managing agent to take action in

connection with the use, management and operation of a condominium unit;

9. a power given to a licensed real estate broker to take action in

connection with a listing of real property, mortgage loan, lease or

management agreement;

10. a power authorizing acceptance of service of process on behalf of

the principal; and

11. a power created pursuant to authorization provided by a federal or

state statute, other than this title, that specifically contemplates

creation of the power, including without limitation a power to make

health care decisions or decisions involving the disposition of remains.

Nothing in this section shall be deemed to prohibit use of a statutory

short form power of attorney or a nonstatutory power of attorney in

connection with any of the transactions described in this section.

Construction--real estate transactions. In a statutory

short form power of attorney, the language conferring general authority

with respect to "real estate transactions," must be construed to mean

that the principal authorizes the agent:

1. To accept as a gift, or as security for a loan, to reject, to

demand, to buy, to lease, to receive, or otherwise to acquire either

ownership or possession of any estate or interest in land;

2. To sell, to exchange, to convey either with or without covenants,

to quit-claim, to release, to surrender, to mortgage, to incumber, to

partition or to consent to the partitioning, to create, modify or revoke

a trust to grant options concerning, to lease or to sublet, or otherwise

to dispose of, any estate or interest in land;

3. To release in whole or in part, to assign the whole or a part of,

to satisfy in whole or in part, and to enforce by action, proceeding or

otherwise, any mortgage, incumbrance, lien or other claim to land which

exists, or is claimed to exist, in favor of the principal;

4. To do any act of management or of conservation with respect to any

estate or interest in land owned, or claimed to be owned, by the

principal, including by way of illustration, but not of restriction,

power to insure against any casualty, liability or loss, to obtain or to

regain possession or to protect such estate or interest by action,

proceeding or otherwise, to pay, to compromise or to contest taxes or

assessments, to apply for refunds in connection therewith, to purchase

supplies, to hire assistance or labor and to make repairs or alterations

in the structures or lands;

5. To utilize in any way, to develop, to modify, to alter, to replace,

to remove, to erect or to install structures or other improvements upon

any land in which the principal has, or claims to have, any estate or

interest;

6. To demand, to receive, to obtain by action, proceeding or

otherwise, any money, or other thing of value to which the principal is,

or may become, or may claim to be entitled as the proceeds of an

interest in land or of one or more of the transactions enumerated in

this section, to conserve, to invest, to disburse or to utilize anything

so received for purposes enumerated in this section, and to reimburse

the agent for any expenditures properly made by him in the execution of

the powers conferred on him by the statutory short form power of

attorney;

7. To participate in any reorganization with respect to real property

and to receive and to hold any shares of stock or instrument of similar

character received in accordance with such plan of reorganization, and

to act with respect thereto, including by way of illustration, but not

of restriction, power to sell or otherwise to dispose of such shares, or

any of them, to exercise or to sell any option, conversion or similar

right with respect thereto, and to vote thereon in person or by the

granting of a proxy;

8. To agree and to contract, in any manner, and with any person and on

any terms, which the agent may select, for the accomplishment of any of

the purposes enumerated in this section, and to perform, to rescind, to

reform, to release or to modify any such agreement or contract or any

other similar agreement or contract made by or on behalf of the

principal;

9. To execute, to acknowledge, to seal and to deliver any deed,

creation, modification or revocation of a trust, mortgage, lease,

notice, check or other instrument which the agent may think useful for

the accomplishment of any of the purposes enumerated in this section;

10. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any real estate transaction or to intervene in any

action or proceeding relating thereto;

11. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

12. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, with respect to any estate or interest in land.

All powers described in this section 5-1502A of the general

obligations law shall be exercisable equally with respect to any estate

or interest in land owned by the principal at the giving of the power of

attorney or thereafter acquired, and whether located in the state of New

York or elsewhere.

Construction--chattel and goods transactions. In a

statutory short form power of attorney, the language conferring general

authority with respect to "chattel and goods transactions," must be

construed to mean that the principal authorizes the agent:

1. To accept as a gift, or as security for a loan, to reject, to

demand, to buy, to receive, or otherwise to acquire either ownership or

possession of, any chattel or goods or any interest in any chattel or

goods;

2. To sell, to exchange, to convey either with or without covenants,

to release, to surrender, to mortgage, to incumber, to pledge, to

hypothecate, to pawn, to create, modify or revoke a trust to grant

options concerning, to lease or to sublet to others, or otherwise to

dispose of any chattel or goods or any interest in any chattel or goods;

3. To release in whole or in part, to assign the whole or a part of,

to satisfy in whole or in part, and to enforce by action, proceeding or

otherwise, any mortgage, incumbrance, lien or other claim, which exists,

or is claimed to exist, in favor of the principal, with respect to any

chattel or goods or any interest in any chattel or goods;

4. To do any act of management or of conservation, with respect to any

chattel or goods or to any interest in any chattel or goods owned, or

claimed to be owned, by the principal, including by way of illustration,

but not of restriction, power to insure against any casualty, liability

or loss, to obtain or to regain possession, or to protect such chattel

or goods or interest in any chattel or goods, by action, proceeding or

otherwise, to pay, to compromise or to contest taxes or assessments, to

apply for refunds in connection therewith, to move from place to place,

to store for hire or on a gratuitous bailment, to use, to alter, and to

make repairs or alterations of any such chattel or goods, or interest in

any chattel or goods;

5. To demand, to receive, to obtain by action, proceeding or

otherwise, any money or other thing of value to which the principal is,

or may become, or may claim to be entitled as the proceeds of a chattel

or goods or of any interest in any chattel or goods, or of one or more

of the transactions enumerated in this section, to conserve, to invest,

to disburse or to utilize anything so received for purposes enumerated

in this section, and to reimburse the agent for any expenditures

properly made by him in the execution of the powers conferred on him by

the statutory short form power of attorney;

6. To agree and to contract, in any manner, and with any person and on

any terms, which the agent may select, for the accomplishment of any of

the purposes enumerated in this section, and to perform, to rescind, to

reform, to release or to modify any such agreement or contract or any

other similar agreement or contract made by or on behalf of the

principal;

7. To execute, to acknowledge, to seal and to deliver any conveyance,

mortgage, lease, creation, revocation or modification of a trust,

notice, check or other instrument which the agent may think useful for

the accomplishment of any of the purposes enumerated in this section;

8. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any chattel or goods transaction or to intervene

in any action or proceeding relating thereto;

9. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

10. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, with respect to any chattel or goods or interest in

any chattel or goods.

All powers described in this section 5-1502B of the general

obligations law shall be exercisable equally with respect to any chattel

or goods or interest in any chattel or goods owned by the principal at

the giving of the power of attorney or thereafter acquired, and whether

located in the state of New York or elsewhere.

Construction--bond, share and commodity transactions. In a

statutory short form power of attorney, the language conferring general

authority with respect to "bond, share and commodity transactions," must

be construed to mean that the principal authorizes the agent:

1. To accept as a gift, or as security for a loan, to reject, to

demand, to buy, to receive, or otherwise to acquire either ownership or

possession of, any bond, share, instrument of similar character,

commodity interest or any instrument with respect thereto, together with

the interest, dividends, proceeds or other distributions connected

therewith;

2. To sell (including short sales), to exchange, to transfer either

with or without a guaranty, to release, to surrender, to hypothecate, to

pledge, to create, modify or revoke a trust to grant options concerning,

to loan, to trade in, or otherwise to dispose of any bond, share,

instrument of similar character, commodity interest or any instrument

with respect thereto;

3. To release in whole or in part, to assign the whole or a part of,

to satisfy in whole or in part, and to enforce by action, proceeding or

otherwise, any pledge, incumbrance, lien or other claim as to any bond,

share, instrument of similar character, commodity interest or any

interest with respect thereto, when such pledge, incumbrance, lien or

other claim is owned, or claimed to be owned, by the principal;

4. To do any act of management or of conservation with respect to any

bond, share, instrument of similar character, commodity interest or any

instrument with respect thereto, owned or claimed to be owned by the

principal or in which the principal has or claims to have an interest,

including by way of illustration, but not of restriction, power to

insure against any casualty, liability or loss, to obtain or to regain

possession or to protect the principal's interest therein by action,

proceeding or otherwise, to pay, to compromise or to contest taxes or

assessments, to apply for refunds in connection therewith, to consent to

and to participate in any reorganization, recapitalization, liquidation,

merger, consolidation, sale or lease, or other change in or revival of a

corporation or other association, or in the financial structure of any

corporation or other association, or in the priorities, voting rights or

other special rights with respect thereto, to become a depositor with

any protective, reorganization or similar committee of the bond, share,

other instrument of similar character, commodity interest or any

instrument with respect thereto, belonging to the principal, to make any

payments reasonably incident to the foregoing, to exercise or to sell

any option, conversion or similar right, to vote in person or by the

granting of a proxy (with or without the power of substitution), either

discretionary, general or otherwise, for the accomplishment of any of

the purposes enumerated in this section;

5. To carry in the name of a nominee selected by the agent any

evidence of the ownership of any bond, share, other instrument of

similar character, commodity interest or instrument with respect

thereto, belonging to the principal;

6. To employ, in any way believed to be desirable by the agent, any

bond, share, other instrument of similar character, commodity interest

or any instrument with respect thereto, in which the principal has or

claims to have any interest, for the protection or continued operation

of any speculative or margin transaction personally begun or personally

guaranteed, in whole or in part, by the principal;

7. To demand, to receive, to obtain by action, proceeding or

otherwise, any money or other thing of value to which the principal is,

or may become, or may claim to be entitled as the proceeds of any

interest in a bond, share, other instrument of similar character,

commodity interest or any instrument with respect thereto, or of one or

more of the transactions enumerated in this section, to conserve, to

invest, to disburse or to utilize anything so received for purposes

enumerated in this section, and to reimburse the agent for any

expenditures properly made by him in the execution of the powers

conferred on him by the statutory short form power of attorney;

8. To agree and to contract, in any manner, and with any broker or

other person, and on any terms, which the agent may select, for the

accomplishment of any of the purposes enumerated in this section, and to

perform, to rescind, to reform, to release or to modify any such

agreement or contract or any other similar agreement made by or on

behalf of the principal;

9. To execute, to acknowledge, to seal and to deliver any consent,

agreement, authorization, creation, modification or revocation of a

trust, assignment, notice, waiver of notice, check, or other instrument

which the agent may think useful for the accomplishment of any of the

purposes enumerated in this section;

10. To execute, to acknowledge and to file any report or certificate

required by law or governmental regulation;

11. To prosecute, to defend, to submit to alternative dispute

resolution, to settle and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any bond, share or commodity transaction or to

intervene in any action or proceeding relating thereto;

12. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

13. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, with respect to any interest in any bond, share or

other instrument of similar character, commodity, or instrument with

respect to a commodity.

All powers described in this section 5-1502C of the general

obligations law shall be exercisable equally with respect to any

interest in any bond, share or other instrument of similar character,

commodity, or instrument with respect to a commodity owned by the

principal at the giving of the power of attorney or thereafter acquired,

whether located in the state of New York or elsewhere.

Construction--banking transactions. In a statutory short

form power of attorney, the language conferring general authority with

respect to "banking transactions," must be construed to mean that the

principal authorizes the agent:

1. To continue, to modify, to terminate and to make deposits to and

withdrawals from any deposit account, including any joint account with

the agent or totten trust for the benefit of the agent, or other banking

arrangement made by or on behalf of the principal prior to the creation

of the agency, provided, however, that:

(a) with respect to joint accounts existing at the creation of the

agency, the authority granted hereby shall not include the power to

change the title of the account by the addition of a new joint tenant or

the deletion of an existing joint tenant, unless the authority to make

such changes is expressly stated otherwise in the "Modifications"

section of a statutory short form power of attorney or in a

non-statutory power of attorney signed and dated by the principal with

the signature of the principal duly acknowledged in the manner

prescribed for the acknowledgement of a conveyance of real property, and

which is executed pursuant to the requirements of section 5-1501B of

this title, and

(b) with respect to totten trust accounts existing at the creation of

the agency, the authority granted hereby shall not include the power to

add, delete, or otherwise change the designation of beneficiaries in

effect for any such accounts, unless the authority to make such

additions, deletions or changes is expressly stated otherwise in the

"Modifications" section of a statutory short form power of attorney or

in a non-statutory power of attorney signed and dated by the principal

with the signature of the principal duly acknowledged in the manner

prescribed for the acknowledgment of a conveyance of real property, and

which is executed pursuant to the requirements of section 5-1501B of

this title.

2. To open in the name of the principal or on behalf of the principal

a deposit account of any type with any banker or in any banking

institution selected by the agent, to make deposits to and withdrawals

from any such deposit account, to hire such safe deposit box or vault

space and to make such other contracts for the procuring of other

services made available by any such banker or banking institution as the

agent shall think to be desirable;

3. To make, to sign and to deliver checks or drafts for any purpose,

to withdraw by check, order or otherwise any funds or property of the

principal deposited with, or left in the custody of, any banker or

banking institution, wherever located, either before or after the

creation of the agency;

4. To prepare from time to time financial statements concerning the

assets and liabilities or income and expenses of the principal, and to

deliver statements so prepared to any banker, banking institution or

other person, whom the agent believes to be reasonably entitled thereto;

5. To receive statements, vouchers, notices or other documents from

any banker or banking institution and to act with respect thereto;

6. To have free access at any time or times to any safe deposit box or

vault to which the principal might have access, if personally present;

7. To borrow money by bank overdraft, or by promissory note of the

principal given for such period and at such interest rate as the agent

shall select, to give such security out of the assets of the principal

as the agent shall think to be desirable or necessary for any such

borrowing, to pay, to renew or to extend the time of payment of any note

so given or given by or on behalf of the principal, and to procure for

the principal a loan from any banker or banking institution by any other

procedure made available by such banker or institution;

8. To make, to assign, to indorse, to discount, to guarantee, and to

negotiate, for any and all purposes, all promissory notes, bills of

exchange, checks, drafts or other negotiable or non-negotiable paper of

the principal, or payable to the principal or to his order, to receive

the cash or other proceeds of any such transactions, to accept any bill

of exchange or draft drawn by any person upon the principal, and to pay

it when due;

9. To receive for the principal and to deal in and to deal with any

trust receipt, warehouse receipt or other negotiable or non-negotiable

instrument, in which the principal has or claims to have an interest;

10. To apply for and to receive letters of credit or travelers checks

from any banker or banking institution selected by the agent, giving

such indemnity or other agreements in connection therewith as the agent

shall think to be desirable or necessary;

11. To consent to an extension in the time of payment with respect to

any commercial paper or any banking transaction in which the principal

has an interest or by which the principal is, or might be, affected in

any way;

12. To pay, to compromise or to contest taxes or assessments and to

apply for refunds in connection therewith;

13. To demand, to receive, to obtain by action, proceeding, or

otherwise any money or other thing of value to which the principal is,

or may become, or may claim to be entitled as the proceeds of any

banking transaction conducted by the principal himself, or by the agent

in the execution of any of the powers described in this section, or

partly by the principal and partly by the agent so acting, to conserve,

to invest, to disburse or to utilize anything so received for purposes

enumerated in this section, and to reimburse the agent for any

expenditures properly made by him in the execution of the powers

conferred upon him by the statutory short form power of attorney;

14. To execute, to acknowledge, to seal and to deliver any instrument

of any kind, in the name of the principal or otherwise, which the agent

may think useful for the accomplishment of any of the purposes

enumerated in this section;

15. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any banking transaction or to intervene in any

action or proceeding relating thereto;

16. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

17. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with any banking transaction which

does or might in any way affect the financial or other interests of the

principal.

18. If a power of attorney requires that two or more agents act

together as co-agents, one or more agents may delegate to the co-agent

the authority to conduct banking transactions if the principal initialed

subject (o) in the grant of authority provisions of paragraph (f) of the

statutory short form set forth in section 15-1513 of this title.

All powers described in this section 5-1502D of the general

obligations law shall be exercisable equally with respect to any banking

transaction engaged in by the principal at the giving of the power of

attorney or thereafter engaged in, and whether conducted in the state of

New York or elsewhere.

Construction--business operating transactions. In a

statutory short form power of attorney, the language conferring general

authority with respect to "business operating transactions," must be

construed to mean that the principal authorizes the agent:

1. To the extent that an agent is permitted by law thus to act for a

principal, to discharge and to perform any duty or liability and also to

exercise any right, power, privilege or option which the principal has,

or claims to have, under any contract of partnership whether the

principal is a general or special partner thereunder, to enforce the

terms of any such partnership agreement for the protection of the

principal, by action, proceeding or otherwise, as the agent shall think

to be desirable or necessary, and to defend, submit to alternative

dispute resolution, settle or compromise any action or other legal

proceeding to which the principal is a party because of his membership

in said partnership;

2. To exercise in person or by proxy or to enforce by action,

proceeding or otherwise, any right, power, privilege or option which the

principal has as the holder of any bond, share, or other instrument of

similar character and to defend, submit to alternative dispute

resolution, settle or compromise any action or other legal proceeding to

which the principal is a party because of any such bond, share, or other

instrument of similar character;

3. With respect to any business enterprise which is owned solely by

the principal

a. to continue, to modify, to renegotiate, to extend and to terminate

any contractual arrangements made with any person, firm, association or

corporation whatsoever by or on behalf of the principal with respect

thereto prior to the creation of the agency;

b. to determine the policy of such enterprise as to the location of

the site or sites to be utilized for its operation, as to the nature and

extent of the business to be undertaken by it, as to methods of

manufacturing, selling, merchandising, financing, accounting and

advertising to be employed in its operation, as to the amount and types

of insurance to be carried, as to the mode of securing, compensating and

dealing with accountants, attorneys, servants and other agents and

employees required for its operation, to agree and to contract, in any

manner, and with any person and on any terms, which the agent thinks to

be desirable or necessary for effectuating any or all of such decisions

of the agent as to policy, and to perform, to rescind, to reform, to

release or to modify any such agreement or contract or any other similar

agreement or contract made by or on behalf of the principal;

c. to change the name or form of organization under which such

business is operated and to enter into such partnership agreement with

other persons or to organize such corporation to take over the operation

of such business, or any part thereof, as the agent shall think to be

desirable or necessary;

d. to demand and to receive all moneys which are, or may become, due

to the principal, or which may be claimed by the principal or on his

behalf, in the operation of such enterprise, and to control and to

disburse such funds in the operation of such enterprise in any way which

the agent shall think to be desirable or necessary, to engage in any

banking transactions which the agent shall think to be desirable or

necessary for effectuating the execution of any of the powers of the

agent described in this subdivision;

4. To prepare, to sign, to file and to deliver all reports,

compilations of information, returns or other papers with respect to any

business operating transaction of the principal, which are required by

any governmental agency, department or instrumentality or which the

agent shall think to be desirable or necessary for any purpose, and to

make any payments with respect thereto;

5. To pay, to compromise or to contest taxes or assessments and to do

any act or acts which the agent shall think to be desirable or necessary

to protect the principal from illegal or unnecessary taxation, fines,

penalties or assessments in connection with his business operations,

including power to attempt to recover, in any manner permitted by law,

sums paid before or after the creation of the agency as taxes, fines,

penalties or assessments;

6. To demand, to receive, to obtain by action, proceeding or

otherwise, any money, or other thing of value to which the principal is,

or may become, or may claim to be entitled as the proceeds of any

business operation of such principal, to conserve, to invest, to

disburse or to utilize anything so received for purposes enumerated in

this section, and to reimburse the agent for any expenditures properly

made by him in the execution of the powers conferred upon him by the

statutory short form power of attorney;

7. To execute, to acknowledge, to seal and to deliver any deed,

assignment, mortgage, lease, notice, consent, agreement, authorization,

check or other instrument which the agent may think useful for the

accomplishment of any of the purposes enumerated in this section;

8. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any business operating transaction or to intervene

in any action or proceeding relating thereto;

9. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

10. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with any business operated by the

principal, which the agent shall think to be desirable or necessary for

the furtherance or protection of the interests of the principal.

All powers described in this section 5-1502E of the general

obligations law shall be exercisable equally with respect to any

business in which the principal is interested at the creation of the

agency or in which the principal shall thereafter become interested, and

whether operated in the state of New York or elsewhere.

Construction--insurance transactions. In a statutory short

form power of attorney, the language conferring general authority with

respect to "insurance transactions," must be construed to mean that the

principal authorizes the agent:

1. To continue, to pay the premium or assessment on, to modify, to

rescind, to release or to terminate any contract of life, accident,

health, disability or liability insurance or any combination of such

insurance procured by or on behalf of the principal prior to the

creation of the agency which insures either the principal or any other

person, without regard to whether the principal is or is not a

beneficiary thereunder; provided, however, with respect to life

insurance contracts existing at the creation of the agency, the

authority granted hereby shall not include the power to add, delete or

otherwise change the designation of beneficiaries in effect for any such

contract, unless the authority to make such additions, deletions or

changes is stated otherwise in the "Modifications" section of a

statutory short form power of attorney or in a non-statutory power of

attorney signed and dated by the principal with the signature of the

principal duly acknowledged in the manner prescribed for the

acknowledgment of a conveyance of real property, and which is executed

pursuant to the requirements of section 5-1501B of this title;

2. To procure new, different or additional contracts of insurance

protecting the principal with respect to ill-health, disability,

accident or liability of any sort, to select the amount, the type of

insurance contract and the mode of payment under each such policy, to

pay the premium or assessment on, to modify, to rescind, to release or

to terminate, any contract so procured by the agent;

3. To apply for and to receive any available loan on the security of

the contract of insurance, whether for the payment of a premium or for

the procuring of cash, to surrender and thereupon to receive the cash

surrender value, to exercise an election as to beneficiary or mode of

payment, to change the manner of paying premiums, and to change or to

convert the type of insurance contract, with respect to any contract of

life, accident, health, disability or liability insurance as to which

the principal has, or claims to have, any one or more of the powers

described in this section; provided, however, that the authority granted

hereby shall not include the power to add, delete or otherwise change

the designation of beneficiaries in effect for any such contract, unless

the authority to make such additions, deletions or changes is expressly

stated otherwise in the "Modifications" section of a statutory short

form power of attorney or in a non-statutory power of attorney signed

and dated by the principal with the signature of the principal duly

acknowledged in the manner prescribed for the acknowledgment of a

conveyance of real property, and which is executed pursuant to the

requirements of section 5-1501B of this title;

4. To demand, to receive, to obtain by action, proceeding or

otherwise, any money, dividend, or other thing of value to which the

principal is, or may become, or may claim to be entitled as the proceeds

of any contract of insurance or of one or more of the transactions

enumerated in this section, to conserve, to invest, to disburse or to

utilize anything so received for purposes enumerated in this section,

and to reimburse the agent for any expenditures properly made by him in

the execution of the powers conferred on him by the statutory short form

power of attorney;

5. To apply for and to procure any available governmental aid in the

guaranteeing or paying of premiums of any contract of insurance on the

life of the principal;

6. To sell, to assign, to hypothecate, to borrow upon, or to pledge

the interest of the principal in any contract of insurance;

7. To pay, from such proceeds or otherwise, to compromise or to

contest, and to apply for refunds in connection with, any tax or

assessment levied by a taxing authority with respect to any contract of

insurance or the proceeds thereof or liability accruing by reason of

such tax or assessment;

8. To agree and to contract, in any manner, and with any person and on

any terms, which the agent may select for the accomplishment of any of

the purposes enumerated in this section, and to perform, to rescind, to

reform, to release or to modify any such agreement or contract;

9. To execute, to acknowledge, to seal and to deliver any consent,

demand, request, application, agreement, indemnity, authorization,

assignment, pledge, notice, check, receipt, waiver or other instrument

which the agent may think useful for the accomplishment of any of the

purposes enumerated in this section;

10. To continue, to procure, to pay the premium or assessment on, to

modify, to rescind, to release, to terminate or otherwise to deal with

any contract of insurance, other than those enumerated in subdivisions

one or two of this section, whether fire, marine, burglary,

compensation, disability, liability, hurricane, casualty, or other type,

or any combination of insurance, to do any act or acts with respect to

any such contract or with respect to its proceeds or enforcement which

the agent thinks to be desirable or necessary for the promotion or

protection of the interests of the principal;

11. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to any claim existing in favor of, or against, the principal

based on or involving any insurance transaction or to intervene in any

action or proceeding relating thereto;

12. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section and for the keeping of needed

records thereof; and

13. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with procuring, supervising,

managing, modifying, enforcing and terminating contracts of insurance in

which the principal is the insured or is otherwise in any way

interested.

All powers described in this section 5-1502F of the general

obligations law shall be exercisable with respect to any contract of

insurance in which the principal is in any way interested, whether made

in the state of New York or elsewhere.

Construction--estate transactions. In a statutory short

form power of attorney, the language conferring general authority with

respect to "estate transactions," must be construed to mean that the

principal authorizes the agent:

1. To the extent that an agent is permitted by law thus to act for a

principal, to apply for and to procure, in the name of the principal,

letters of administration, letters testamentary, letters of trusteeship,

or any other type of authority, either judicial or administrative, to

act as a fiduciary of any sort;

2. To the extent that an agent is permitted by law thus to act for a

principal, to represent and to act for the principal in all ways and in

all matters affecting any estate of a decedent, absentee, infant or

incompetent, or any trust or other fund, out of which the principal is

entitled, or claims to be entitled, to some share or payment, or with

respect to which the principal is a fiduciary;

3. Subject to the provisions of paragraph (d) of section 2-1.11 of the

estates, powers and trusts law, to accept, to reject, to receive, to

receipt for, to sell, to assign, to release, to pledge, to exchange, or

to consent to a reduction in or modification of, any share in or payment

from any estate, trust or other fund;

4. To demand, to obtain by action, proceeding or otherwise any money,

or other thing of value to which the principal is, or may become, or may

claim to be entitled by reason of the death testate or intestate of any

person or of any testamentary disposition or of any trust or by reason

of the administration of the estate of a decedent or absentee or of the

guardianship of an infant or incompetent or the administration of any

trust or other fund, to initiate, to participate in and to oppose any

proceeding, judicial or otherwise, for the ascertainment of the meaning,

validity or effect of any deed, will, declaration of trust, or other

transaction affecting in any way the interest of the principal, to

initiate, to participate in and to oppose any proceeding, judicial or

otherwise, for the removal, substitution or surcharge of a fiduciary, to

conserve, to invest, to disburse or to utilize anything so received for

purposes enumerated in this section, and to reimburse the agent for any

expenditures properly made by him in the execution of the powers

conferred on him by the statutory short form power of attorney;

5. To prepare, to sign, to file and to deliver all reports,

compilations of information, returns or papers with respect to any

interest had or claimed by or on behalf of the principal in any estate,

trust, or other fund, to pay, to compromise or to contest, and to apply

for refunds in connection with, any tax or assessment, with respect to

any interest had or claimed by or on behalf of the principal in any

estate, trust or other fund or by reason of the death of any person, or

with respect to any property in which such interest is had or claimed;

6. To agree and to contract, in any manner, and with any person and on

any terms, which the agent may select, for the accomplishment of the

purposes enumerated in this section, and to perform, to rescind, to

reform, to release, or to modify any such agreement or contract or any

other similar agreement or contract made by or on behalf of the

principal;

7. To execute, to acknowledge, to verify, to seal, to file and to

deliver any consent, designation, pleading, notice, demand, election,

conveyance, release, assignment, check, pledge, waiver, admission of

service, notice of appearance or other instrument which the agent may

think useful for the accomplishment of any of the purposes enumerated in

this section;

8. To submit to alternative dispute resolution or to settle, and to

propose or to accept a compromise with respect to any controversy or

claim which affects the estate of a decedent, absentee, infant or

incompetent, or the administration of a trust or other fund, in any one

of which the principal has, or claims to have, an interest, and to do

any and all acts which the agent shall think to be desirable or

necessary in effectuating such compromise;

9. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants, when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof; and

10. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, with respect to the estate of a decedent, absentee,

infant or incompetent, or the administration of a trust or other fund,

in any one of which the principal has, or claims to have, an interest,

or with respect to which the principal is a fiduciary.

All powers described in this section shall be exercisable equally with

respect to any estate of a decedent, absentee, infant or incompetent, or

the administration of any trust or other fund, in which the principal is

interested at the giving of the power of attorney or may thereafter

become interested, regardless of whether the estate, trust or other fund

is specifically identified at the giving of the power of attorney and

whether located in the state of New York or elsewhere.

Construction--claims and litigation. In a statutory short

form power of attorney, the language conferring general authority with

respect to "claims and litigation," must be construed to mean that the

principal authorizes the agent:

1. To assert and to prosecute before any court, administrative board,

department, commissioner or other tribunal, any cause of action, claim,

counterclaim, offset or defense, which the principal has, or claims to

have, against any individual, partnership, association, corporation,

government, or other person or instrumentality, including, by way of

illustration and not of restriction, power to sue for the recovery of

land or of any other thing of value, for the recovery of damages

sustained by the principal in any manner, for the elimination or

modification of tax liability, for an injunction, for specific

performance, or for any other relief;

2. To bring an action of interpleader or other action to determine

adverse claims, to intervene or to interplead in any action or

proceeding, and to act in any litigation as amicus curiae;

3. In connection with any action or proceeding or controversy, at law

or otherwise, to apply for and, if possible, to procure a libel, an

attachment, a garnishment, an order of arrest or other preliminary,

provisional or intermediate relief and to resort to and to utilize in

all ways permitted by law any available procedure for the effectuation

or satisfaction of the judgment, order or decree obtained;

4. In connection with any action or proceeding, at law or otherwise,

to perform any act which the principal might perform, including by way

of illustration and not of restriction, acceptance of tender, offer of

judgment, admission of any facts, submission of any controversy on an

agreed statement of facts, consent to examination before trial, and

generally to bind the principal in the conduct of any litigation or

controversy as seems desirable to the agent;

5. To submit to alternative dispute resolution, to settle, and to

propose or to accept a compromise with respect to, any claim existing in

favor of or against the principal, or any litigation to which the

principal is, or may become or be designated a party;

6. To waive the issuance and service of a summons, citation or other

process upon the principal, to accept service of process, to appear for

the principal, to designate persons upon whom process directed to the

principal may be served, to execute and to file or deliver stipulations

on the principal's behalf, to verify pleadings, to appeal to appellate

tribunals, to procure and to give surety and indemnity bonds at such

times and to such extent as the agent shall think to be desirable or

necessary, to contract and pay for the preparation and printing of

records and briefs, to receive and to execute and to file or deliver any

consent, waiver, release, confession of judgment, satisfaction of

judgment, notice, agreement, or other instrument which the agent shall

think to be desirable or necessary in connection with the prosecution,

settlement or defense of any claim by or against the principal or of any

litigation to which the principal is or may become or be designated a

party;

7. To appear for, to represent and to act for the principal with

respect to bankruptcy or insolvency proceedings, whether voluntary or

involuntary, whether of the principal or of some other person, with

respect to any reorganization proceeding, or with respect to any

receivership or application for the appointment of a receiver or trustee

which, in any way, affects any interest of the principal in any land,

chattel, bond, share, commodity interest, chose in action or other thing

of value;

8. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section;

9. To pay, from funds in his control or for the account of the

principal, any judgment against the principal or any settlement which

may be made in connection with any transaction enumerated in this

section, and to receive and conserve any moneys or other things of value

paid in settlement of or as proceeds of one or more of the transactions

enumerated in this section, and to receive and endorse checks and to

deposit the same; and

10. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with any claim by or against the

principal or with litigation to which the principal is or may become or

be designated a party.

All powers described in this section 5-1502H of the general

obligations law shall be exercisable equally with respect to any claim

or litigation existing at the giving of the power of attorney or

thereafter arising, and whether arising in the state of New York or

elsewhere.

Construction--personal and family maintenance. In a

statutory short form power of attorney, the language conferring general

authority with respect to "personal and family maintenance" must be

construed to mean that the principal authorizes the agent:

1. To do all acts necessary for maintaining the customary standard of

living of the spouse and children, and other dependents of the

principal, including by way of illustration and not by way of

restriction, power to provide living quarters by purchase, lease or by

other contract, or by payment of the operating costs, including

interest, amortization payments, repairs and taxes, of premises owned by

the principal and occupied by his family or dependents, to provide

normal domestic help for the operation of the household, to provide

usual vacations and usual travel expenses, to provide usual educational

facilities, and to provide funds for all the current living costs of

such spouse, children and other dependents, including, among other

things, shelter, clothing, food and incidentals;

2. To provide, whenever necessary, medical, dental and surgical care,

hospitalization and custodial care for the spouse, children and other

dependents of the principal;

3. To continue whatever provision has been made by the principal,

prior to the creation of the agency or thereafter, for his spouse,

children and other dependents, with respect to automobiles, or other

means of transportation, including by way of illustration but not by way

of restriction, power to license, to insure and to replace any

automobiles owned by the principal and customarily used by the spouse,

children or other dependents of the principal;

4. To continue whatever charge accounts have been operated by the

principal prior to the creation of the agency or thereafter, for the

convenience of his spouse, children or other dependents, to open such

new accounts as the agent shall think to be desirable for the

accomplishment of any of the purposes enumerated in this section, and to

pay the items charged on such accounts by any person authorized or

permitted by the principal to make such charges prior to the creation of

the agency;

5. To continue the discharge of any services or duties assumed by the

principal, prior to the creation of the agency or thereafter, to any

parent, relative or friend of the principal;

6. To supervise and to enforce, to defend or to settle any claim by or

against the principal arising out of property damages or personal

injuries suffered by or caused by the principal, or under such

circumstances that the loss resulting therefrom will, or may fall on the

principal;

7. To continue payments incidental to the membership or affiliation of

the principal in any church, club, society, order or other organization

or to continue contributions thereto;

8. To demand, to receive, to obtain by action, proceeding or otherwise

any money or other thing of value to which the principal is or may

become or may claim to be entitled as salary, wages, commission or other

remuneration for services performed, or as a dividend or distribution

upon any stock, or as interest or principal upon any indebtedness, or

any periodic distribution of profits from any partnership or business in

which the principal has or claims an interest, and to endorse, collect

or otherwise realize upon any instrument for the payment so received;

9. To prepare, to execute and to file all tax, social security,

unemployment insurance and information returns required by the laws of

the United States, or of any state or subdivision thereof, or of any

foreign government, to prepare, to execute and to file all other papers

and instruments which the agent shall think to be desirable or necessary

for the safeguarding of the principal against excess or illegal taxation

or against penalties imposed for claimed violation of any law or other

governmental regulation, and to pay, to compromise, or to contest or to

apply for refunds in connection with any taxes or assessments for which

the principal is or may be liable;

10. To utilize any asset of the principal for the performance of the

powers enumerated in this section, including by way of illustration and

not by way of restriction, power to draw money by check or otherwise

from any bank deposit of the principal, to sell any land, chattel, bond,

share, commodity interest, chose in action or other asset of the

principal, to borrow money and to pledge as security for such loan, any

asset, including insurance, which belongs to the principal;

11. To execute, to acknowledge, to verify, to seal, to file and to

deliver any application, consent, petition, notice, release, waiver,

agreement or other instrument which the agent may think useful for the

accomplishment of any of the purposes enumerated in this section;

12. To prosecute, to defend, to submit to alternative dispute

resolution, to settle, and to propose or to accept a compromise with

respect to, any claim existing in favor of, or against, the principal

based on or involving any transaction enumerated in this section or to

intervene in any action or proceeding relating thereto;

13. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section, and for the keeping of needed

records thereof;

14. To continue gifts that the principal customarily made to

individuals and charitable organizations prior to the creation of the

agency, provided that in any one calendar year all such gifts shall not

exceed five thousand dollars in the aggregate; and

15. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, for the welfare of the spouse, children or

dependents of the principal or for the preservation and maintenance of

the other personal relationships of the principal to parents, relatives,

friends and organizations.

All powers described in this section 5-1502I of the general

obligations law shall be exercisable equally whether the acts required

for their execution shall relate to real or personal property owned by

the principal at the giving of the power of attorney or thereafter

acquired and whether such acts shall be performable in the state of New

York or elsewhere.

Construction--benefits from governmental programs or civil

or military service. In a statutory short form power of attorney, the

language conferring general authority with respect to "benefits from

governmental programs or civil or military service," or in a statutory

short form power of attorney properly executed in accordance with the

laws in effect at the time of its execution, the language conferring

authority with respect to "military service," must be construed to mean

that the principal authorizes the agent:

1. To execute vouchers in the name of the principal for allowances and

reimbursements payable by the United States, or a foreign government or

by a state or subdivision of a state, to the principal, including but

not limited to allowances and reimbursements for transportation of the

principal and of the principal's spouse, children and other dependents,

and for shipment of household effects, to receive, to indorse and to

collect the proceeds of any check payable to the order of the principal

drawn on the treasurer or other fiscal officer or depositary of the

United States or a foreign government or of any state or subdivision

thereof;

2. To take possession and to order the removal and shipment of

property of the principal from a post, warehouse, depot, dock or other

place of storage or safekeeping, either governmental or private, and

execute and deliver a release, voucher, receipt, bill of lading,

shipping ticket, certificate or other instrument for such purpose;

3. To enroll in, apply for, select, reject, change, amend, or

discontinue a benefit or program on the principal's behalf;

4. To prepare, file and prosecute a claim of the principal to any

benefit or assistance, financial or otherwise, to which the principal

is, or claims to be, entitled, under a statute or governmental

regulation, including any benefit or assistance which arises from or is

based upon military service performed prior to or after the creation of

the agency by the principal or by any person related by blood or by

marriage to the principal, to execute any receipt or other instrument

which the agent shall think to be desirable or necessary for the

enforcement or for the collection of such claim;

5. To receive the financial proceeds of any claim of the type

described in this section, conserve, invest, disburse or use anything so

received for a lawful purpose;

6. To prosecute, defend, submit to alternative dispute resolution,

settle, and propose or accept a compromise with respect to any benefit

or assistance described in subdivision four of this section;

7. To communicate with any representative or employee of a government,

governmental subdivision, agency, or instrumentality on behalf of the

principal;

8. To hire, discharge, and compensate any attorney, accountant, expert

witness, or other assistant or assistants when the agent shall think

such action to be desirable for the proper execution of any of the

powers described in this section; and

9. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, and which the agent shall think to be desirable or

necessary, to assure to the principal, and to the dependents of the

principal, the maximum possible benefit from governmental programs or

from civil or military service performed prior to or after the creation

of the agency by the principal or by any person related by blood or

marriage to the principal.

All powers described in this section shall be exercisable equally with

respect to any benefits from governmental programs or civil or military

service existing at the giving of the power of attorney or thereafter

accruing, and whether accruing in the state of New York or elsewhere.

Construction--matters related to health care. In a

statutory short form power of attorney, the language conferring general

authority with respect to "matters related to health care," or in a

statutory short form power of attorney properly executed in accordance

with the laws in effect at the time of its execution, the language

conferring authority with respect to "records, reports and statements,"

must be construed to mean that the principal authorizes the agent:

1. To be responsible for matters relating to the principal's health

care, including, but not limited to, benefit entitlements and payment

obligations, and in so doing, notwithstanding any law to the contrary,

to receive from "health care providers" and "health plans," information,

including, but not limited to, "protected health information" as defined

in federal and state law, rules and regulations, in order to ascertain

the benefits to which the principal is entitled and to determine the

legitimacy and accuracy of charges for health care provided to the

principal; to obtain for the principal the health care benefits to which

the principal is entitled; to meet the principal's financial

obligations, and pay bills due and owing, for health care provided to

the principal; and to represent the principal, and to act as the

principal's personal representative, with respect to matters pertaining

to the principal's health care. The authority granted by this

subdivision is limited to health care financial matters and shall not

include authorization for the agent to make health care decisions for

the principal;

2. To keep records of all cash received and disbursed for or on

account of the principal, of all credits and debits to the account of

the principal, and of all transactions affecting in any way the assets

and liabilities of the principal;

3. To prepare, to execute and to file all tax, social security,

unemployment insurance and information returns, required by the laws of

the United States, of any state or of any subdivision thereof or of any

foreign government, to prepare, to execute and to file all other papers

and instruments which the agent shall think to be desirable or necessary

for the safeguarding of the principal against excess or illegal taxation

or against penalties imposed for claimed violation of any law or other

governmental regulation;

4. To prepare, to execute and to file any record, report, statement,

or other document to safeguard or promote the principal's interest,

under a statute or governmental regulation;

5. To hire, to discharge, and to compensate any attorney, accountant,

or other assistant or assistants when the agent shall think such action

to be desirable for the proper execution by him of any of the powers

described in this section; and

6. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with the preparation, execution,

filing, storage or other utilization of any records, reports or

statements of or concerning the principal's affairs.

All powers described in this section shall be exercisable equally with

respect to any health care billing and payment matters, and records,

reports or statements of or concerning the affairs of the principal

existing at the giving of the power of attorney or thereafter arising,

and whether arising in the state of New York or elsewhere.

Construction--retirement benefit transactions. In a

statutory short form power of attorney, the language conferring general

authority with respect to "retirement benefit transactions" must be

construed to mean that the principal authorizes the agent:

1. To contribute to, withdraw from and deposit funds in any type of

retirement benefit or plan (including, but not limited to, any tax

qualified or nonqualified pension, profit sharing, stock bonus, employee

savings and retirement plan, deferred compensation plan, individual

retirement account, or any public pension fund or retirement system);

2. To make investment directions, to select and change payment

options, and to exercise any other election for the principal with

regard to any retirement benefit or plan in which the principal has an

interest, provided, however, that the authority granted hereby shall not

include the authority to add, delete, or otherwise change the

designation of beneficiaries in effect for any such retirement benefit

or plan, unless the authority to make such additions, deletions or

changes is expressly stated otherwise in the "Modifications" section of

a statutory short form power of attorney or in a non-statutory power of

attorney signed and dated by the principal with the signature of the

principal duly acknowledged in the manner prescribed for the

acknowledgment of a conveyance of real property, and which is executed

pursuant to the requirements of section 5-1501B of this title;

3. To make rollover contributions from any retirement benefit or plan

to other retirement benefits or plans;

4. To prepare, execute and deliver any application, agreement, trust

agreement, authorization, check or other instrument or document which

may be required under the terms of any retirement benefit or plan in

which the principal has an interest or by the administrator thereof, or

which the agent deems useful for the accomplishment of any of the

purposes enumerated in this section;

5. To represent the principal in any matter or thing relating to any

interest that the principal has or may become entitled to under any

retirement benefit or plan;

6. To prosecute, defend, submit to alternative dispute resolution,

settle, and propose or accept a compromise with respect to any claim

existing in favor of, or against, the principal based upon or involving

any retirement benefit or plan and to intervene in any action or

proceeding relating thereto;

7. To hire, discharge, and compensate any attorney, accountant, expert

witness or other assistant or assistants when the agent deems such

action to be desirable for the proper execution by the agent of the

powers described in this section or for the keeping of required records

thereof; and

8. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, with respect to any retirement benefit or plan

maintained by the principal or in which the principal has an interest or

may thereafter have an interest.

All powers described in this section 5-1502L of the general

obligations law shall be exercisable with respect to any retirement

benefit or plan in which the principal has any interest, whether in the

state of New York or elsewhere.

The powers explicitly authorized in the provisions of this section

5-1502L of the general obligations law shall not be construed to

diminish any like powers authorized in any other section of title 15 of

article 5 of the general obligations law. Accordingly, such powers as

are authorized in any other section of title 15 of article 5 of the

general obligations law shall be construed as if the provisions of this

section do not exist.

Construction--tax matters. In a statutory short form power

of attorney, the language conferring general authority with respect to

"tax matters", must be construed to mean that the principal authorizes

the agent:

1. To prepare, sign, and file federal, state, local, and foreign

income, gift, payroll, federal insurance contributions act returns, and

other tax returns, claims for refunds, requests for extension of time,

petitions regarding tax matters, and any other tax-related documents,

including receipts, offers, waivers, consents (including consents and

agreements under United States Internal Revenue Code Section 2032A or

cognate provisions of any successor statute), closing agreements, and

any power of attorney required by the federal internal revenue service

or other taxing authority with respect to a tax year upon which the

statute of limitations has not run and with respect to the tax year in

which the power of attorney was executed and with respect to any

subsequent tax year;

2. To pay taxes due, collect refunds, post bonds, receive confidential

information, and contest deficiencies determined by the United States

Internal Revenue Service or other taxing authority;

3. To exercise any election available to the principal under federal,

state, local, or foreign tax law; and

4. To represent the principal, or to designate another person to

represent the principal, in all tax matters for all tax periods before

the United States Internal Revenue Service and any other taxing

authority.

The powers explicitly authorized in the provisions of this section

shall not be construed to diminish any like powers authorized in any

other section of this title, such as, but not limited to, those

authorized in subdivision 9 of section 5-1502I of this title.

Accordingly, such powers as are authorized in any other section of this

title shall be construed as if the provisions of this section do not

exist.

Construction--all other matters. In a statutory short form

power of attorney, the language conferring general authority with

respect to "all other matters" must be construed to mean that the

principal authorizes the agent to act as an alter ego of the principal

with respect to any and all possible matters and affairs which are not

enumerated in sections 5-1502A to 5-1502M, inclusive, of this title, and

which the principal can do through an agent; provided, however, that

such authority shall not include authorization for the agent to

designate a third party to act as agent for the principal or to make

medical or other health care decisions for the principal, except as

otherwise provided in subdivision one of section 5-1502K of this title.

Modifications of the statutory short form power of attorney.

A power of attorney which satisfies the requirements of paragraphs (a),

(b) and (c) of subdivision one of section 5-1501B and section 5-1513 of

this title is not prevented from being a "statutory short form power of

attorney", by the fact that it also contains additional language at the

section labeled "modifications" which:

1. Eliminates from the statutory short form power of attorney one or

more of the powers enumerated in one or more of the constructional

sections of this title with respect to a subdivision of the statutory

short form power of attorney, affirmatively chosen by the principal; or

2. Supplements one or more of the powers enumerated in one or more of

the constructional sections in this title with respect to a subdivision

of the statutory short form power of attorney, affirmatively chosen by

the principal, by specifically listing additional powers of the agent;

or

3. Makes some additional provision which is not inconsistent with the

other provisions of the statutory short form power of attorney,

including a provision revoking one or more powers of attorney previously

executed by the principal.

Acceptance of and reliance upon acknowledged and witnessed

statutory short form power of attorney. 1. (a) For purposes of this

section, "acknowledged" means purportedly verified before a notary

public or other individual authorized to take acknowledgements. For

purposes of this section, "witnessed" means purportedly witnessed by two

persons who are not named in the instrument as agents or as permissible

recipients of gifts.

(b) A person that in good faith accepts an acknowledged and witnessed

power of attorney without actual knowledge that the signature is not

genuine may rely upon the presumption that the signature is genuine.

(c) A person that in good faith accepts an acknowledged and witnessed

power of attorney without actual knowledge that the power of attorney is

void, invalid, or terminated, that the purported agent's authority is

void, invalid, or terminated, or that the agent is exceeding or

improperly exercising the agent's authority may rely upon the power of

attorney as if the power of attorney were genuine, valid and still in

effect, the agent's authority were genuine, valid and still in effect,

and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to accept an acknowledged and witnessed

power of attorney may request, and rely upon, without further

investigation:

(1) an agent's certification under penalty of perjury of any factual

matter concerning the principal, agent or power of attorney; and

(2) an opinion of counsel as to any matter of law concerning the power

of attorney if the person making the request provides in a writing or

other record the reason for the request.

(e) An opinion of counsel requested under this section must be

provided at the principal's expense unless the request is made more than

ten business days after the power of attorney is presented for

acceptance.

(f) For purposes of this section, a person that conducts activities

through employees is without actual knowledge of a fact relating to a

power of attorney, a principal, or an agent if the employee conducting

the transaction involving the power of attorney is without actual

knowledge of the fact after making reasonable inquiry with respect

thereto.

2. No third party located or doing business in this state shall

refuse, without reasonable cause, to honor a statutory short form power

of attorney properly executed in accordance with section 5-1501B of this

title, or a statutory short form power of attorney properly executed in

accordance with the laws in effect at the time of its execution.

(a) Reasonable cause under this subdivision shall include, but not be

limited to:

(1) the refusal by the agent to provide an original power of attorney

or a copy certified by an attorney pursuant to section twenty-one

hundred five of the civil practice law and rules, or by a court or other

government entity;

(2) the third party's good faith referral of the principal and the

agent or a person acting for or with the agent to the local adult

protective services unit;

(3) actual knowledge of a report having been made by any person to the

local adult protective services unit alleging physical or financial

abuse, neglect, exploitation or abandonment of the principal by the

agent or a person acting for or with the agent;

(4) actual knowledge of the principal's death or a reasonable basis

for believing the principal has died;

(5) actual knowledge of the incapacity of the principal or a

reasonable basis for believing that the principal is incapacitated where

the power of attorney tendered is a nondurable power of attorney;

(6) actual knowledge or a reasonable basis for believing that the

principal was incapacitated at the time the power of attorney was

executed;

(7) actual knowledge or a reasonable basis for believing that the

power of attorney was procured through fraud, duress or undue influence;

(8) actual notice, pursuant to subdivision five of this section, of

the termination or revocation of the power of attorney;

(9) the refusal by a title insurance company to underwrite title

insurance for a gift of real property made pursuant to a statutory short

form power of attorney or non-statutory power of attorney that does not

contain express instructions or purposes of the principal with respect

to gifts in the modifications section of the statutory short form power

of attorney or in the non-statutory power of attorney; or

(10) the refusal of a request for a certification or an opinion of

counsel under paragraph (d) of subdivision one of this section.

(b) It shall be deemed unreasonable for a third party to refuse to

honor a statutory short form power of attorney properly executed in

accordance with section 5-1501B of this title or a statutory short form

power of attorney properly executed in accordance with the laws in

effect at the time of its execution, if the only reason for the refusal

is any of the following:

(1) the power of attorney is not on a form prescribed by the third

party to whom the power of attorney is presented.

(2) there has been a lapse of time since the execution of the power of

attorney.

(3) on the face of the statutory short form power of attorney, there

is a lapse of time between the date of acknowledgment of the signature

of the principal and the date of acknowledgment of the signature of any

agent.

3. (a) Not later than the tenth business day after presentation of an

original or attorney certified copy of a statutory short form power of

attorney properly executed in accordance with section 5-1501B of this

title or in accordance with the laws in effect at the time of its

execution to a third party for acceptance, such third party shall either

(a) honor the statutory short form power of attorney, or (b) reject the

statutory short form power of attorney in a writing that sets forth the

reasons for such rejection, which writing shall be sent to the principal

and the agent at the addresses on the power of attorney and such other

addresses as provided by the principal or the agent, or (c) request the

agent to execute an acknowledged affidavit pursuant to subdivision seven

of this section stating that the power of attorney is in full force and

effect if the statutory short form power of attorney was not submitted

for acceptance together with such an acknowledged affidavit. Such

reasons for rejection may include, but not be limited to non-conforming

form, missing or wrong signature, invalid notarization, or unacceptable

identification. In the event that the statutory short form power of

attorney presented is not an original or attorney certified copy, as

part of the initial rejection, such short form power of attorney may be

rejected for such reason, provided, however, in explaining the reason

for rejecting the short form power of attorney, the third party shall

also identify such other provisions of the short form power of attorney,

if any, that would otherwise constitute cause for rejection of the

statutory short form power of attorney. If the third party initially

rejects the statutory short form power of attorney in a writing that

sets forth the reasons for such rejection, the third party shall within

seven business days after receipt of a writing in response to the

reasons for such rejection (i) honor the statutory short form power of

attorney, or (ii) finally reject the statutory short form power of

attorney in a writing that sets forth the reasons for such rejection.

Such writing shall be sent to the address provided on the power of

attorney, to the address of the agent, if any, and may also be sent to

such other address as shall be provided on the account documents, or to

the address of the attorney as provided in an opinion of counsel

pursuant to this section. If the third party requests the agent to

execute such an acknowledged affidavit, the third party shall honor such

statutory short form power of attorney within seven business days after

receipt by the third party of an acknowledged affidavit which complies

with the provisions of subdivision seven of this section, stating that

the power of attorney is in full force and effect unless reasonable

cause exists as described in paragraph (a) of subdivision two of this

section. For the purposes of this subdivision, notice shall be

considered delivered at the time such notice is mailed and the time

requirements in which to honor or reject the statutory short form power

of attorney or request the agent to execute an acknowledged affidavit

shall not apply to the department of audit and control, a public

retirement system of the state as defined in subdivision six of section

one hundred fifty-two of the retirement and social security law, or the

department of health, including social services districts, in the

administration of the medical assistance "Medicaid" program pursuant to

title XIX of the federal social security act or other public health

insurance programs.

(b) Notice to the agent as required by paragraph (a) of this

subdivision shall not be sent until after a determination is made by

adult protective services if the reason for rejection is a reason set

forth in subdivision two of this section and is otherwise prohibited by

law or regulation.

4. (a) Once reasonably accepted, if a third party conducts a

transaction in reliance on a properly executed statutory short form

power of attorney, the third party shall be held harmless from liability

for the transaction.

(b) Except as provided in subdivision five of this section, it shall

be deemed unlawful for a third party to unreasonably refuse to honor a

properly executed statutory short form power of attorney executed in

accordance with section 5-1501B of this title or a statutory short form

power of attorney properly executed in accordance with the laws in

effect at the time of its execution. If a special proceeding as

authorized by section 5-1510 of this title is brought to compel the

third party to honor the statutory short form power of attorney, the

court may award damages, including reasonable attorney's fees and costs,

if the court finds that the third party acted unreasonably in refusing

to honor the agent's authority under the statutory short form power of

attorney. Such special proceeding shall be the exclusive remedy for a

violation of this section.

5. In the absence of actual knowledge that the principal lacked

capacity to execute a statutory short form power of attorney or that the

statutory short form power of attorney was procured through fraud,

duress or undue influence, no third party receiving and retaining a

statutory short form power of attorney properly executed in accordance

with section 5-1501B of this title, or a statutory short form power of

attorney properly executed in accordance with the laws in effect at the

time of its execution, or a complete photostatic copy of the properly

executed original thereof, nor any officer, agent, attorney-in-fact or

employee of such third party shall incur any liability by reason of

acting upon the authority thereof unless the third party shall have

received actual notice of the revocation or termination of such power of

attorney.

If a principal maintains an account at a financial institution, the

financial institution is deemed to have actual notice after it has had a

reasonable opportunity to act on a written notice of the revocation or

termination following its receipt of the same at its office where such

account is located.

6. If the application of the provisions of subdivision two or four of

this section shall be held invalid to any third party the application of

such provisions to any third party other than those to which it is held

invalid, shall not be affected thereby.

7. When the power of attorney is presented to a third party, it shall

not be deemed unreasonable for a third party to require the agent to

execute an acknowledged affidavit pursuant to this subdivision stating

that the power of attorney is in full force and effect. Such an

affidavit is conclusive proof to the third party relying on the power of

attorney that the power of attorney is valid and effective, and has not

been terminated, revoked or modified, except as to any third party who

had actual notice that the power of attorney had terminated, been

revoked or been modified prior to the execution of the affidavit. Such

affidavit shall state that:

(a) the agent does not have, at the time of the transaction, actual

notice of the termination or revocation of the power of attorney, or

notice of any facts indicating that the power of attorney has been

terminated or revoked;

(b) the agent does not have, at the time of the transaction, actual

notice that the power of attorney has been modified in any way that

would affect the ability of the agent to authorize or engage in the

transaction, or notice of any facts indicating that the power of

attorney has been so modified;

(c) if the agent was named as a successor agent, the prior agent is no

longer able or willing to serve; and

(d) if the agent has been the principal's spouse, the power of

attorney expressly provides that divorce or annulment as defined in

subparagraph two of paragraph (f) of section 5-1.4 of the estates,

powers and trusts law does not terminate the agent's authority

thereunder, or the agent does not have actual notice that the marriage

has been terminated by divorce or annulment as defined in subparagraph

two of paragraph (f) of section 5-1.4 of the estates, powers and trusts

law at the time of the transaction.

8. Nothing in this section shall require the acceptance of a form that

is not a statutory short form power of attorney.

9. A statutory short form power of attorney or a non-statutory power

of attorney that meets the requirements of subdivision one of section

5-1501B of this title shall be accepted for recording so long as it has

been signed by one agent named therein whose signature has been

acknowledged. If two or more agents acting on behalf of the principal

are required to act together, the power of attorney shall be accepted

for recording as long as their signatures have been acknowledged. When a

successor or co-agent authorized to act separately from any other agents

presents a certified copy of a recorded statutory short form power of

attorney or non-statutory power of attorney with the agent's signature

acknowledged, the instrument shall be accepted for recording.

Standard of care; fiduciary duties; compelling disclosure of

record. 1. Standard of care. In dealing with property of the principal,

an agent shall observe the standard of care that would be observed by a

prudent person dealing with property of another.

2. Fiduciary duties. (a) An agent acting under a power of attorney has

a fiduciary relationship with the principal. The fiduciary duties

include but are not limited to each of the following obligations:

(1) To act according to any instructions from the principal or, where

there are no instructions, in the best interest of the principal, and to

avoid conflicts of interest.

(2) To keep the principal's property separate and distinct from any

other property owned or controlled by the agent, except for property

that is jointly owned by the principal and agent at the time of the

execution of the power of attorney, and property that becomes jointly

owned after the execution of the power of attorney as the result of the

agent's acquisition of an interest in the principal's property by reason

of the agent's exercise of authority granted in the modifications

section of a statutory short form power of attorney or in a

non-statutory power of attorney. The agent may not make gifts of the

principal's property to himself or herself without specific

authorization in a power of attorney.

(3) To keep a record of all receipts, disbursements, and transactions

entered into by the agent on behalf of the principal and to make such

record and power of attorney available to the principal or to third

parties at the request of the principal. The agent shall make such

record and a copy of the power of attorney available within fifteen days

of a written request by any of the following:

(i) a monitor;

(ii) a co-agent or successor agent acting under the power of attorney;

(iii) a government entity, or official thereof, investigating a report

that the principal may be in need of protective or other services, or

investigating a report of abuse or neglect;

(iv) a court evaluator appointed pursuant to section 81.09 of the

mental hygiene law;

(v) a guardian ad litem appointed pursuant to section seventeen

hundred fifty-four of the surrogate's court procedure act;

(vi) the guardian or conservator of the estate of the principal, if

such record has not already been provided to the court evaluator or

guardian ad litem; or

(vii) the personal representative of the estate of a deceased

principal if such record has not already been provided to the guardian

or conservator of the estate of the principal.

The failure of the agent to make the record available pursuant to this

paragraph may result in a special proceeding under subdivision one of

section 5-1510 of this title.

(b) The agent may be subject to liability for conduct or omissions

which violate any fiduciary duty.

(c) The agent is not liable to third parties for any act pursuant to a

power of attorney if the act was authorized at the time and the act did

not violate subdivision one or two of this section.

3. Resignation. (a) An agent who has signed the power of attorney may

resign by giving written notice to the principal and the agent's

co-agent, successor agent or the monitor, if one has been named, or the

principal's guardian if one has been appointed. If no co-agent,

successor agent, monitor or guardian is known to the agent and the

principal is incapacitated or the agent has notice of any facts

indicating the principal's incapacity, the agent may give written notice

to a government entity having authority to protect the welfare of the

principal, or may petition the court to approve the resignation.

(b) The principal may provide for alternative means for an agent's

resignation in the power of attorney.

Compensation. 1. An agent is not entitled to receive

compensation from the assets of the principal for responsibilities

performed under a power of attorney unless the principal specifically

provides for compensation in the power of attorney.

2. An agent shall be entitled to receive reimbursement from the assets

of the principal for reasonable expenses actually incurred in connection

with the performance of the agent's responsibilities.

Signature of agent. 1. (a) In any transaction where the

agent is acting pursuant to a power of attorney and where the

hand-written signature of the agent or principal is required, the agent

shall disclose the principal and agent relationship by:

(1) signing "(name of agent) as agent for (name of principal)"; or

(2) signing "(name of principal) by (name of agent), as agent"; or

(3) any similar written disclosure of the principal and agent

relationship.

(b) A third party shall incur no liability for accepting a signature

that does not meet the requirements of this subdivision.

2. When the agent engages in a transaction on behalf of the principal,

the agent is attesting that:

(a) the agent has actual authority to engage in the transaction;

(b) the agent does not have, at the time of the transaction, actual

notice of the termination or revocation of the power of attorney, or

notice of any facts indicating that the power of attorney has been

terminated or revoked;

(c) if the power of attorney is one which terminates upon the

principal's incapacity, the agent does not have, at the time of the

transaction actual notice of the principal's incapacity, or notice of

any facts indicating the principal's incapacity.

(d) the agent does not have, at the time of the transaction, actual

notice that the power of attorney has been modified in any way that

would affect the ability of the agent to engage in the transaction, or

notice of any facts indicating that the power of attorney has been so

modified.

3. The attestation of the agent pursuant to subdivision two of this

section is not effective as to any third party who had actual notice

that the power of attorney had terminated or been revoked prior to the

transaction.

Co-agents and successor agents. 1. A principal may designate

two or more persons to act as co-agents. Unless the principal provides

otherwise in the power of attorney, the co-agents must act jointly.

However, if prompt action is required to accomplish a purpose of the

power of attorney and to avoid irreparable injury to the principal's

interest and a co-agent is unavailable because of absence, illness or

other temporary incapacity, the other co-agent or co-agents may act for

the principal. Unless the principal provides otherwise in the power of

attorney, if a vacancy occurs because of the death, resignation or

incapacity of a co-agent, the remaining agent or agents may act for the

principal.

2. A principal may designate one or more successor agents to serve, if

any initial or predecessor agent resigns, dies, becomes incapacitated,

is not qualified to serve or declines to serve. Unless the principal

provides otherwise in the power of attorney, a successor agent has the

same authority as that granted to an initial agent. A principal may

provide for specific succession rules.

3. A co-agent or a successor agent acting under a power of attorney

shall have the authority to request, receive and seek to compel a

co-agent or predecessor agent to provide a record of all receipts,

disbursements and transactions entered into by the agent on behalf of

the principal.

4. Any person, other than an estate or a trust, may act as an agent,

co-agent or successor agent under a power of attorney.

Appointment of monitor. A principal may appoint a monitor or

monitors in the power of attorney who shall have the authority to

request, receive and compel the agent to provide a record of all

receipts, disbursements and transactions entered into by the agent on

behalf of the principal, to request and receive such records held by

third parties, and to request and receive a copy of the power of

attorney. Nothing in this title shall be construed to impose a fiduciary

duty on the monitor.

Special proceedings. 1. If the agent has failed to make

available a copy of the power of attorney and/or a record of all

receipts, disbursements, and transactions entered into by the agent on

behalf of a principal to a person who may request such record pursuant

to subparagraph three of paragraph (a) of subdivision two of section

5-1505 of this title, that person may commence a special proceeding to

compel the agent to produce a copy of the power of attorney and such

record.

2. A special proceeding may be commenced pursuant to this section for

any of the following additional purposes:

(a) to determine whether the power of attorney is valid;

(b) to determine whether the principal had capacity at the time the

power of attorney was executed;

(c) to determine whether the power of attorney was procured through

duress, fraud or undue influence;

(d) to determine whether the agent is entitled to receive compensation

or whether the compensation received by the agent is reasonable for the

responsibilities performed;

(e) to approve the record of all receipts, disbursements and

transactions entered into by the agent on behalf of the principal;

(f) to remove the agent upon the grounds that the agent has violated,

or is unfit, unable, or unwilling to perform, the fiduciary duties under

the power of attorney;

(g) to determine how multiple agents must act;

(h) to construe any provision of a power of attorney; or

(i) to compel acceptance of the power of attorney.

A special proceeding may also be commenced by an agent who wishes to

obtain court approval of his or her resignation.

3. A special proceeding may be commenced pursuant to subdivision two

of this section by any person identified in subparagraph three of

paragraph (a) of subdivision two of section 5-1505 of this title, the

agent, the spouse, child or parent of the principal, the principal's

successor in interest, or any third party who may be required to accept

a power of attorney.

4. If a power of attorney is suspended or revoked under this section,

or the agent is removed by the court, the court may require the agent to

provide a record of all receipts, disbursements and transactions entered

into by the agent on behalf of the principal and to deliver any property

belonging to the principal and copies of records concerning the

principal's property and affairs to a successor agent, a government

entity or the principal's legal representative.

Termination or revocation of power of attorney; notice. 1. A

power of attorney terminates when:

(a) the principal dies;

(b) the principal becomes incapacitated, if the power of attorney is

not durable;

(c) the principal revokes the power of attorney;

(d) the principal revokes the agent's authority and there is no

co-agent or successor agent, or no co-agent or successor agent who is

willing or able to serve;

(e) the agent dies, becomes incapacitated or resigns and there is no

co-agent or successor agent or no co-agent or successor agent who is

willing or able to serve;

(f) the authority of the agent terminates and there is no co-agent or

successor agent or no co-agent or successor agent who is willing or able

to serve;

(g) the purpose of the power of attorney is accomplished; or

(h) a court order revokes the power of attorney as provided in section

5-1510 of this title or in section 81.29 of the mental hygiene law.

2. An agent's authority terminates when:

(a) the principal revokes the agent's authority;

(b) the agent dies, becomes incapacitated or resigns;

(c) the agent's marriage to the principal is terminated by divorce or

annulment, as defined in subparagraph two of paragraph (f) of section

5-1.4 of the estates, powers and trusts law, unless the power of

attorney expressly provides otherwise. If the authority of an agent is

revoked solely by this subdivision, it shall be revived by the

principal's remarriage to the former spouse; or

(d) the power of attorney terminates.

3. A principal may revoke a power of attorney:

(a) in accordance with the terms of the power of attorney; or

(b) by delivering a revocation of the power of attorney to the agent

in person or by sending a signed and dated revocation by mail, courier,

electronic transmission or facsimile to the agent's last known address.

The agent must comply with the principal's revocation notwithstanding

the actual or perceived incapacity of the principal unless the principal

is subject to a guardianship under article eighty-one of the mental

hygiene law.

4. Where a power of attorney has been recorded pursuant to section two

hundred ninety-four of the real property law, the principal shall also

record the revocation in the office in which the power of attorney is

recorded pursuant to section three hundred twenty-six of the real

property law, provided the revocation complies with section three

hundred seven of the state technology law.

5. (a) Termination of an agent's authority or of the power of attorney

is not effective as to any third party who has not received actual

notice of the termination and acts in good faith under the power of

attorney. Any action so taken, unless otherwise invalid or

unenforceable, shall bind the principal and the principal's successors

in interest. A financial institution is deemed to have actual notice

after it has had a reasonable opportunity to act on a written notice of

the revocation or termination following receipt of the same at its

office where an account is located.

(b) Termination of an agent's authority or of the power of attorney is

not effective as to the agent until the agent has received a revocation

as required by subdivision three of this section. An agent is deemed to

have received a revocation when it has been delivered to the agent in

person, or within a reasonable time after it has been sent by mail,

courier, electronic transmission or facsimile in accordance with

subdivision three of this section.

6. The execution of a power of attorney does not revoke any power of

attorney previously executed by the principal.

Powers of attorney executed in other jurisdictions.

Notwithstanding the provisions of section 5-1501B of this title, a power

of attorney executed in another state or jurisdiction in compliance with

the law of that state or jurisdiction or the law of this state is valid

in this state, regardless of whether the principal is a domiciliary of

this state. A power of attorney that complies with section 5-1501B of

this title and is executed in another state or jurisdiction by a

domiciliary of this state is valid in this state. A power of attorney

executed in this state by a domiciliary of another state or jurisdiction

in compliance with the law of that state or jurisdiction or the law of

this state is valid in this state.

Statutory short form power of attorney. The use of the

following form, or one which substantially conforms to the following

form, in the creation of a power of attorney is lawful, and, when used,

and executed in accordance with subdivision one of section 5-1501B of

this title, it shall be construed as a statutory short form power of

attorney in accordance with the provisions of this title; provided

however, that any section indicated as "Optional" which is not used may

be omitted and replaced by the words "Intentionally Omitted":

"POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM

(a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important

document. As the "principal," you give the person whom you choose (your

"agent") authority to spend your money and sell or dispose of your

property during your lifetime without telling you. You do not lose your

authority to act even though you have given your agent similar

authority.

When your agent exercises this authority, he or she must act according

to any instructions you have provided or, where there are no specific

instructions, in your best interest. "Important Information for the

Agent" at the end of this document describes your agent's

responsibilities.

Your agent can act on your behalf only after signing the Power of

Attorney before a notary public.

You can request information from your agent at any time. If you are

revoking a prior Power of Attorney, you should provide written notice of

the revocation to your prior agent(s) and to any third parties who may

have acted upon it, including the financial institutions where your

accounts are located.

You can revoke or terminate your Power of Attorney at any time for any

reason as long as you are of sound mind. If you are no longer of sound

mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute

a "Health Care Proxy" to do this.

The law governing Powers of Attorney is contained in the New York

General Obligations Law, Article 5, Title 15. This law is available at a

law library, or online through the New York State Senate or Assembly

websites, www.nysenate.gov or www.nyassembly.gov.

If there is anything about this document that you do not understand,

you should ask a lawyer of your own choosing to explain it to you.

(b) DESIGNATION OF AGENT(S):

I, _______________________________________________, hereby appoint:

name and address of principal

_____________________________________________________as my agent(s)

name(s) and address(es) of agent(s)

If you designate more than one agent above and you do not initial the

statement below, they must act together.

( ) My agents may act SEPARATELY.

(c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL)

If any agent designated above is unable or unwilling to serve, I

appoint as my successor agent(s):

_______________________________________________________________

name(s) and address(es) of successor agent(s)

If you do not initial the statement below, successor agents designated

above must act together.

( ) My successor agents may act SEPARATELY.

You may provide for specific succession rules in this section. Insert

specific succession provisions here:

(d) This POWER OF ATTORNEY shall not be affected by my subsequent

incapacity unless I have stated otherwise below, under "Modifications".

(e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney

previously executed by me unless I have stated otherwise below, under

"Modifications."

(f) GRANT OF AUTHORITY:

To grant your agent some or all of the authority below, either

(1) Initial the bracket at each authority you grant, or

(2) Write or type the letters for each authority you grant on the

blank line at (P), and initial the bracket at (P). If you initial

(P), you do not need to initial the other lines.

I grant authority to my agent(s) with respect to the following

subjects as defined in sections 5-1502A through 5-1502N of the New

York General Obligations Law:

( ) (A) real estate transactions;

( ) (B) chattel and goods transactions;

( ) (C) bond, share, and commodity transactions;

( ) (D) banking transactions;

( ) (E) business operating transactions;

( ) (F) insurance transactions;

( ) (G) estate transactions;

( ) (H) claims and litigation;

( ) (I) personal and family maintenance. If you grant your agent

this authority, it will allow the agent to make gifts that you

customarily have made to individuals, including the agent, and

charitable organizations. The total amount of all such gifts in

any one calendar year cannot exceed five thousand dollars;

( ) (J) benefits from governmental programs or civil or military

service;

( )(K) financial matters related to health care; records, reports,

and statements;

( )(L) retirement benefit transactions;

( )(M) tax matters;

( )(N) all other matters;

( )(O) full and unqualified authority to my agent(s) to delegate

any or all of the foregoing powers to any person or persons whom

my agent(s) select;

( )(P) EACH of the matters identified by the following

letters______.

You need not initial the other lines if you initial line (P).

(g) CERTAIN GIFT TRANSACTIONS: (OPTIONAL)

In order to authorize your agent to make gifts in excess of an annual

total of $5,000 for all gifts described in (I) of the grant of authority

section of this document (under personal and family maintenance), and/or

to make changes to interest in your property, you must expressly grant

that authorization in the Modifications section below. If you wish to

authorize your agent to make gifts to himself or herself, you must

expressly grant such authorization in the Modifications section below.

Granting such authority to your agent gives your agent the authority to

take actions which could significantly reduce your property and/or

change how your property is distributed at your death. Your choice to

grant such authority should be discussed with a lawyer.

( ) I grant my agent authority to make gifts in accordance with the

terms and conditions of the Modifications that supplement this Statutory

Power of Attorney.

(h) MODIFICATIONS: (OPTIONAL)

In this section, you may make additional provisions, including, but

not limited to, language to limit or supplement authority granted to

your agent, language to grant your agent the specific authority to make

gifts to himself or herself, and/or language to grant your agent the

specific authority to make other gift transactions and/or changes to

interests in your property. Your agent is entitled to be reimbursed from

your assets for reasonable expenses incurred on your behalf. In this

section, you may make additional provisions if you ALSO wish your

agent(s) to be compensated from your assets for services rendered on

your behalf, and you may define "reasonable compensation."

(i) DESIGNATION OF MONITOR(S): (OPTIONAL)

If you wish to appoint monitor(s), initial and fill in the section

below:

( ) I wish to designate ______________________, whose address(es) is

(are) ____________________________________________________________, as

monitor(s). Upon the request of the monitor(s), my agent(s) must provide

the monitor(s) with a copy of the power of attorney and a record of all

transactions done or made on my behalf. Third parties holding records of

such transactions shall provide the records to the monitor(s) upon

request.

(j) COMPENSATION OF AGENT(S):

Your agent is entitled to be reimbursed from your assets for

reasonable expenses incurred on your behalf. If you ALSO wish your

agent(s) to be compensated from your assets for services rendered on

your behalf, and/or you wish to define "reasonable compensation", you

may do so above, under "Modifications".

(k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party

for any claims that may arise against the third party because of

reliance on this Power of Attorney. I understand that any termination of

this Power of Attorney, whether the result of my revocation of the Power

of Attorney or otherwise, is not effective as to a third party until the

third party has actual notice or knowledge of the termination.

(l) TERMINATION: This Power of Attorney continues until I revoke it or

it is terminated by my death or other event described in section 5-1511

of the General Obligations Law.

Section 5-1511 of the General Obligations Law describes the manner in

which you may revoke your Power of Attorney, and the events which

terminate the Power of Attorney.

(m) SIGNATURE AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto

signed my name on ___________,20___.

PRINCIPAL signs here: ==>__________________________________________

(acknowledgment)

(n) SIGNATURES OF WITNESSES:

By signing as a witness, I acknowledge that the principal signed the

Power of Attorney in my presence and in the presence of the other

witness, or that the principal acknowledged to me that the principal's

signature was affixed by him or her or at his or her direction. I also

acknowledge that the principal has stated that this Power of Attorney

reflects his or her wishes and that he or she has signed it voluntarily.

I am not named herein as an agent or as a permissible recipient of

gifts.

_____________________________________________________________

Signature of Witness 1 Signature of Witness 2

____________________________________________________________

Date Date

____________________________________________________________

Print name Print name

____________________________________________________________

Address Address

____________________________________________________________

City, State, Zip Code City, State, Zip Code

(o) IMPORTANT INFORMATION FOR THE AGENT:

When you accept the authority granted under this Power of Attorney, a

special legal relationship is created between you and the principal.

This relationship imposes on you legal responsibilities that continue

until you resign or the Power of Attorney is terminated or revoked. You

must:

(1) act according to any instructions from the principal, or, where

there are no instructions, in the principal's best interest;

(2) avoid conflicts that would impair your ability to act in the

principal's best interest;

(3) keep the principal's property separate and distinct from any

assets you own or control, unless otherwise permitted by law;

(4) keep a record of all transactions conducted for the principal or

keep all receipts of payments and transactions conducted for the

principal; and

(5) disclose your identity as an agent whenever you act for the

principal by writing or printing the principal's name and signing your

own name as "agent" in either of the following manners: (Principal's

Name) by (Your Signature) as Agent, or (your signature) as Agent for

(Principal's Name).

You may not use the principal's assets to benefit yourself or anyone

else or make gifts to yourself or anyone else unless the principal has

specifically granted you that authority in the modifications section of

this document or a Non-Statutory Power of Attorney. If you have that

authority, you must act according to any instructions of the principal

or, where there are no such instructions, in the principal's best

interest. You may resign by giving written notice to the principal and

to any co-agent, successor agent, monitor if one has been named in this

document, or the principal's guardian if one has been appointed. If

there is anything about this document or your responsibilities that you

do not understand, you should seek legal advice.

Liability of agent:

The meaning of the authority given to you is defined in New York's

General Obligations Law, Article 5, Title 15. If it is found that you

have violated the law or acted outside the authority granted to you in

the Power of Attorney, you may be liable under the law for your

violation.

(p) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:

It is not required that the principal and the agent(s) sign at the

same time, nor that multiple agents sign at the same time.

I/we, ___________________________________________, have read the

foregoing Power of Attorney. I am/we are the person(s) identified

therein as agent(s) for the principal named therein.

I/we acknowledge my/our legal responsibilities.

In Witness Whereof I have hereunto signed my name on ________________

20_____.

Agent(s) sign(s) here:==>__________________________________________

(acknowledgment(s))

(q) SUCCESSOR AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:

It is not required that the principal and the SUCCESSOR agent(s), if

any, sign at the same time, nor that multiple SUCCESSOR agents sign at

the same time. Furthermore, successor agents can not use this power of

attorney unless the agent(s) designated above is/are unable or unwilling

to serve.

I/we, ___________________________________________, have read the

foregoing Power of Attorney. I am/we are the person(s) identified

therein as SUCCESSOR agent(s) for the principal named therein.

In Witness Whereof I have hereunto signed my name on ________________

20_____.

Successor Agent(s) sign(s) here:==>______________________________________

(acknowledgment(s))"

Power of parent to designate a person in parental relation.

A parent of a minor or incapacitated person may designate another person

as a person in parental relation to such minor or incapacitated person

pursuant to sections twenty-one hundred sixty-four and twenty-five

hundred four of the public health law and sections two and thirty-two

hundred twelve of the education law for a period not exceeding twelve

months provided that there is no prior order of any court in any

jurisdiction currently in effect that would prohibit such parent from

himself or herself exercising the same or similar authority, and

provided further, that, in the case where a court has ordered that both

parents must agree on education or health decisions regarding the child,

a designation pursuant to this subdivision shall not be valid unless

both parents have consented thereto. Such designation shall be in the

form prescribed by section 5-1552 of this title, and may be presented to

any school, health care provider or health plan that requires such

designation by either the parent or the designee.

Form of designation. 1. Designations in general. A

designation of a person in parental relation pursuant to this title

shall be in writing and shall include: the name of the parent, the name

of the designee, the name of each minor or incapacitated person with

respect to whom such designation is made, the parent's signature, and

the date of such signature. The designation may specify a period of time

less than twelve months for which such designation shall be valid unless

earlier revoked by such parent pursuant to section 5-1554 of this title,

provided that any designation specifying a period of more than thirty

days shall also conform to the provisions of subdivision two of this

section.

2. Designations for more than thirty days. A designation specifying a

period of more than thirty days shall also include: an address and

telephone number where the parent can be reached, an address and

telephone number where the designee can be reached, the date of birth of

each minor or incapacitated person with respect to whom such designation

is made, the date or contingent event on which the designation

commences, the written consent of the designee to such designation, and

a statement that there is no prior order of any court in any

jurisdiction currently in effect prohibiting such parent from making the

designation. A designation specifying a period of more than thirty days

shall be notarized.

3. Designations not specifying a time period. If no time period is

specified in a designation, it shall be valid until the earlier of

revocation or the expiration of thirty days from the date of signature

if the designation does not meet the requirements of subdivision two of

this section, or twelve months from the date of commencement specified

therein if the designation meets the requirements of subdivision two of

this section.

Scope of designation. A designation pursuant to this title

may specify: the treatment, diagnosis or activities for which consent is

authorized; any treatment, diagnosis or activity for which consent is

not authorized; or any other limitation on the duties and

responsibilities conveyed by the designation.

Revocation of designation. A parent may revoke a designation

by notifying, either orally or in writing, the designee or a school,

health care provider, or health plan to which the designation has been

presented, or by any other act evidencing a specific intent to revoke

the designation. A designation shall also be revoked upon the execution

by the parent of a subsequent designation. Revocation by one parent

authorized to execute such a designation shall be deemed effective and

complete revocation of a designation pursuant to this title. A designee

who receives notification from a parent of any such revocation shall

forthwith notify any school, health care provider or health plan to

which a designation pursuant to this title has been presented. A parent

may directly notify any such school, health care provider or health plan

of the revocation, in which case the failure of the designee to notify

such entities of the revocation shall not make revocation ineffective.

Effect of designation. 1. A designee shall possess all the

powers and duties of a person in parental relation pursuant to sections

twenty-one hundred sixty-four and twenty-five hundred four of the public

health law and sections two and thirty-two hundred twelve of the

education law, unless otherwise specified in the designation.

2. A designation shall not impose upon a designee a duty to support

pursuant to section four hundred thirteen of the family court act.

3. A designation shall not cause a change in the school district of

residence of the child for purposes of the education law, and during the

period of validity of the designation, the child shall be presumed to be

a resident of the school district in which the parent resided at the

time the designation was made.

4. A designation shall terminate and be deemed revoked upon the death

or incapacity of the parent who signed the designation.

5. The decision of a designee shall be superseded by a contravening

decision of a parent.

6. A person who acts based upon the consent of a designee reasonably

and in the good faith belief that the parent has in fact authorized the

designee to provide such consent pursuant to the provisions of this

title, may not be deemed to have acted negligently, unreasonably or

improperly in accepting the designation and acting upon such consent;

provided, however, that any such person may be deemed to have acted

negligently, unreasonably or improperly if he or she has knowledge of

facts indicating that the designation was never given, or did not extend

to an act or acts in question, or was revoked.

7. No provision of this title shall be construed to require

designation of a person in parental relation as provided in this title

where such designation is not otherwise required by law, rule or

regulation.

Definitions. As used in this title the following terms shall

have the following meanings:

1. "Euro" shall mean the currency of participating member states of

the European Union that adopt a single currency in accordance with the

treaty on European Union signed February seventh, nineteen hundred

ninety-two.

2. "Introduction of the euro" shall mean and include the

implementation from time to time of economic and monetary union in

member states of the European Union in accordance with the treaty on

European Union signed February seventh, nineteen hundred ninety-two.

3. "ECU" or "European Currency Unit" shall mean the currency basket

that is from time to time used as the unit of account of the European

Community as defined in European Council Regulation No. 3320/94. When

the euro first becomes the monetary unit of participating member states

of the European Union, references to the ECU in a contract, security or

instrument that also refers to such definition of the ECU shall be

replaced by references to the euro at a rate of one euro to one ECU.

References to the ECU in a contract, security or instrument without such

a definition of the ECU shall be presumed, unless either demonstrated or

proven to the contrary by the intention of the parties, to be references

to the currency basket that is from time to time used as the unit of

account of the European Community.

Continuity of contract. 1. (a) If a subject or medium of

payment of a contract, security or instrument is a currency that has

been substituted or replaced by the euro, the euro will be a

commercially reasonable substitute and substantial equivalent that may

be either: (i) used in determining the value of such currency; or (ii)

tendered, in each case at the conversion rate specified in, and

otherwise calculated in accordance with, the regulations adopted by the

council of the European Union.

(b) If a subject or medium of payment of a contract, security or

instrument is the ECU, the euro will be a commercially reasonable

substitute and substantial equivalent that may be either: (i) used in

determining the value of the ECU; or (ii) tendered, in each case at the

conversion rate specified in, and otherwise calculated in accordance

with, the regulations adopted by the Council of the European Union.

(c) Performance of any of the obligations described in paragraph (a)

or (b) of this subdivision may be made in the currency or currencies

originally designated in such contract, security or instrument (so long

as such currency or currencies remain legal tender) or in euro, but not

in any other currency, whether or not such other currency (i) has been

substituted or replaced by the euro or (ii) is a currency that is

considered a denomination of the euro and has a fixed conversion rate

with respect to the euro.

2. None of: (a) the introduction of the euro; (b) the tendering of

euros in connection with any obligation in compliance with paragraph (a)

or (b) of subdivision one of this section; (c) the determining of the

value of any obligation in compliance with paragraph (a) or (b) of

subdivision one of this section; or (d) the calculating or determining

of the subject or medium of payment of a contract, security or

instrument with reference to interest rate or other basis has been

substituted or replaced due to the introduction of the euro and that is

a commercially reasonable substitute and substantial equivalent, shall

either have the effect of discharging or excusing performance under any

contract, security or instrument, or give a party the right to

unilaterally alter or terminate any contract, security or instrument.

Effect of agreements. The provisions of this title shall not

alter or impair and shall be subject to any agreements between parties

with specific reference to or agreement regarding the introduction of

the euro.

Application. 1. Notwithstanding the uniform commercial code

or any other law of this state, this title shall apply to all contracts,

securities and instruments, including contracts with respect to

commercial transactions, and shall not be deemed to be displaced by any

other law of this state.

2. In circumstances of currency alteration, other than the

introduction of the euro, the provisions of this title shall not be

interpreted as creating any negative inference or negative presumption

regarding the validity or enforceability of contracts, securities or

instruments denominated in whole or in part in a currency affected by

such alteration.

Definitions. For purposes of this title:

(a) "annuity issuer" means an insurer that has issued an insurance

contract used to fund periodic payments under a structured settlement;

(b) "dependents" include a payee's spouse and minor children and all

other persons for whom the payee is legally obligated to provide

support, including alimony or maintenance;

(c) "discounted present value" means the present value of future

payments, as determined by discounting such payments to the present

using the most recently published applicable federal rate for

determining the present value of an annuity, as issued by the United

States Internal Revenue Service;

(d) "gross advance amount" means the sum payable to the payee or for

the payee's account as consideration for a transfer of structured

settlement payment rights before any reductions for transfer expenses or

other deductions to be made from such consideration;

(e) "independent professional advice" means advice of an attorney,

certified public accountant, actuary or other licensed professional

adviser:

(i) who is engaged by a claimant or payee to render advice concerning

the legal, tax and financial implications of a structured settlement or

a transfer of structured settlement payment rights;

(ii) who is not in any manner affiliated with or compensated by the

defendant in such settlement or the transferee of such transfer; and

(iii) whose compensation for rendering such advice is not affected by

whether a settlement or transfer occurs or does not occur;

(f) "interested parties" means, with respect to any structured

settlement, the payee, any beneficiary irrevocably designated under the

annuity contract to receive payments following the payee's death, the

annuity issuer, the structured settlement obligor, and any other party

that has continuing rights or obligations under such structured

settlement;

(g) "net advance amount" means the gross advance amount less the

aggregate amount of the expenses required to be disclosed under

subdivision (f) of section 5-1703 of this title;

(h) "payee" means an individual who is receiving tax free payments

under a structured settlement and proposes to make a transfer of payment

rights thereunder;

(i) "periodic payments" includes both recurring payments and scheduled

future lump sum payments;

(j) "qualified assignment agreement" means an agreement providing for

a qualified assignment within the meaning of section 130 of the United

States Internal Revenue Code, United States Code Title 26, as amended

from time to time;

(k) "settled claim" means the original tort claim resolved by a

structured settlement;

(l) "structured settlement" means an arrangement for periodic payment

of damages for personal injuries or sickness established by settlement

or judgment in resolution of a tort claim;

(m) "structured settlement agreement" means the agreement, judgment,

stipulation, or release embodying the terms of a structured settlement;

(n) "structured settlement obligor" means, with respect to any

structured settlement, the party that has the continuing obligation to

make periodic payments to the payee under a structured settlement

agreement or a qualified assignment agreement;

(o) "structured settlement payment rights" means rights to receive

periodic payments under a structured settlement, whether from the

structured settlement obligor or the annuity issuer, where:

(i) the payee is domiciled in, or the domicile or principal place of

business of the structured settlement obligor or the annuity issuer is

located in, this state;

(ii) the structured settlement agreement was approved by a court in

this state; or

(iii) the structured settlement agreement is expressly governed by the

laws of this state;

(p) "terms of the structured settlement" include, with respect to any

structured settlement, the terms of the structured settlement agreement,

the annuity contract, any qualified assignment agreement and any order

or approval of any court authorizing or approving such structured

settlement;

(q) "transfer means any sale, assignment, pledge, hypothecation or

other alienation or encumbrance of structured settlement payment rights

made by a payee for consideration; provided that the term "transfer"

does not include the creation or perfection of a security interest in

structured settlement payment rights under a blanket security agreement

entered into with an insured depository institution, in the absence of

any action to redirect the structured settlement payments to such

insured depository institution, or an agent or successor in interest

thereof, or otherwise to enforce such blanket security interest against

the structured settlement payment rights;

(r) "transfer agreement" means the agreement providing for transfer of

structured settlement payment rights from a payee to a transferee;

(s) "transfer expenses" means all expenses of a transfer that are

required under the transfer agreement to be paid by the payee or

deducted from the gross advance amount, including, without limitation,

court filing fees, attorneys fees, escrow fees, lien recordation fees,

judgment and lien search fees, finders' fees, commissions, and other

payments to a broker or other intermediary; "transfer expenses" do not

include preexisting obligations of the payee payable for the payee's

account from the proceeds of a transfer; and

(t) "transferee" means a party acquiring or proposing to acquire

structured settlement payment rights through a transfer or

restructuring.

Initial disclosure of structured settlement terms. In

negotiating a structured settlement of claims brought by or on behalf of

a claimant who is domiciled in this state, the defendant or defendant's

legal representative shall disclose in writing to the claimant or the

claimant's legal representative all of the following information that is

not otherwise specified in the structured settlement agreement:

(a) the amounts and due dates of the periodic payments to be made

under the structured settlement agreement. In the case of payments that

will be subject to periodic percentage increases, the amounts of future

payments may be disclosed by identifying the base payment amount, the

amount and timing of scheduled increases, and the manner in which

increases will be compounded;

(b) the amount of the premium payable to the annuity issuer;

(c) the nature and amount of any cost that may be deducted from any of

the periodic payments;

(d) where applicable, that any transfer of the periodic payments is

prohibited by the terms of the structured settlement and may otherwise

be prohibited or restricted under applicable law; and

(e) a statement that the claimant is advised to obtain independent

professional advice relating to the legal, tax and financial

implications of the settlement, including any adverse consequences and

that the defendant or defendant's legal representative may not refer any

advisor, attorney or firm for such purpose.

Required disclosures to payee. Not less than ten days prior

to the date on which the payee signs a transfer agreement, the

transferee shall provide to the payee by first class mail and certified

mail, return receipt requested or United States postal service priority

mail, a separate disclosure statement, in bold type no smaller than

fourteen points, setting forth:

(a) the amounts and due dates of the structured settlement payments to

be transferred;

(b) the aggregate amount of such payments;

(c) the discounted present value of the payments to be transferred,

which shall be identified as the "calculation of current value of the

transferred structured settlement payments under federal standards for

valuing annuities", and the amount of the applicable federal rate used

in calculating such discounted present value;

(d) the price quote from the original annuity issuer or, if such price

quote is not readily available from the original annuity issuer, then a

price quote from two other annuity issuers that reflects the current

cost of purchasing a comparable annuity for the aggregate amount of

payments to be transferred;

(e) the gross advance amount and the annual discount rate, compounded

monthly, used to determine such figure;

(f) an itemized listing of all commissions, fees, costs, expenses and

charges payable by the payee or deductible from the gross amount

otherwise payable to the payee and the total amount of such fees;

(g) the net advance amount including the statement: "The net cash

payment you receive in this transaction from the buyer was determined by

applying the specified discount rate to the amount of future payments

received by the buyer, less the total amount of commissions, fees,

costs, expenses and charges payable by you";

(h) the amount of any penalties or liquidated damages payable by the

payee in the event of any breach of the transfer agreement by the payee;

and

(i) a statement that the payee has the right to cancel the transfer

agreement, without penalty or further obligation, not later than the

third business day after the date the agreement is signed by the payee.

Provisions prohibited in transfer agreement. No transfer

agreement or other document or agreement executed in association with

the transfer shall contain any provision described in this section. To

the extent that a prohibited provision is included in a transfer

agreement such provision shall be void and unenforceable. A prohibited

provision is:

(a) any provision that waives the payee's right to sue under any law,

or where the payee agrees not to sue, or which waives jurisdiction or

standing to sue under the transfer agreement;

(b) any provision that requires the payee to indemnify and hold

harmless the transferee, or to pay the transferee's costs of defense, in

any claim or action brought by the payee on or the payee's behalf

contesting the transfer for any reason;

(c) any provision that requires the payee to pay the transferee's

attorney's fees or costs if the transfer contemplated by the transfer

agreement is not completed; and

(d) any provision that requires the payee to pay any tax liability

arising under federal tax laws, other than the seller's own tax

liability, if any, that results from the transfer.

Procedure for approval of transfers. (a) An action for

approval of a transfer of a structured settlement shall be by a special

proceeding brought on only by order to show cause.

(b) Such proceeding shall be commenced to obtain approval of a

transfer of structured settlement payment rights. Such proceeding shall

be commenced:

(i) in the supreme court of the county in which the payee resides; or

(ii) in any court which approved the structured settlement agreement.

(c) A copy of the order to show cause and petition shall be served

upon all interested parties at least twenty days before the time at

which the petition is noticed to be heard. A response shall be served at

least seven days before the petition is noticed to be heard.

(d) A petition for approval of a transfer of structured settlement

payment rights shall include:

(i) a copy of the transfer agreement;

(ii) a copy of the disclosure statement and proof of notice of that

statement required under section 5-1703 of this title;

(iii) a listing of each of the payee's dependents, together with each

dependent's age; and

(iv) a statement setting forth whether there have been any previous

transfers or applications for transfer of the structured settlement

payment rights and giving details of all such transfers or applications

for transfer.

(e) On the hearing, the payee shall attend before the court unless

attendance is excused for good cause.

Approval of transfers of structured settlement payment

rights. No direct or indirect transfer of structured settlement payment

rights shall be effective and no structured settlement obligor or

annuity issuer shall be required to make any payment directly or

indirectly to any transferee of structured settlement payment rights

unless the transfer has been authorized in advance in a final order of a

court of competent jurisdiction based upon express findings by such

court that:

(a) the transfer complies with the requirements of this title;

(b) the transfer is in the best interest of the payee, taking into

account the welfare and support of the payee's dependants; and whether

the transaction, including the discount rate used to determine the gross

advance amount and the fees and expenses used to determine the net

advance amount, are fair and reasonable. Provided the court makes the

findings as outlined in this subdivision, there is no requirement for

the court to find that an applicant is suffering from a hardship to

approve the transfer of structured settlement payments under this

subdivision;

(c) the payee has been advised in writing by the transferee to seek

independent professional advice regarding the transfer and has either

received such advice or knowingly waived such advice in writing;

(d) the transfer does not contravene any applicable statute or the

order of any court or other government authority; and

(e) is written in plain language and in compliance with section 5-702

of this article.

Effects of transfer of structured settlement payment rights.

Following a transfer of structured settlement payment rights under this

title:

(a) The structured settlement obligor and the annuity issuer shall, as

to all parties except the transferee, be discharged and released from

any and all liability for the transferred payments;

(b) The transferee shall be liable to the structured settlement

obligor and the annuity issuer:

(i) if the transfer contravenes the terms of the structured

settlement, for any taxes incurred by such parties as a consequence of

the transfer; and

(ii) for any other liabilities or costs, including reasonable costs

and attorneys' fees, arising from compliance by such parties with the

order of the court or arising as a consequence of the transferee's

failure to comply with this title;

(c) Neither the annuity issuer nor the structured settlement obligor

may be required to divide any periodic payment between the payee and any

transferee or assignee or between two or more transferees or assignees;

and

(d) Any further transfer of structured settlement payment rights by

the payee may be made only after compliance with all of the requirements

of this title.

General provisions; construction. (a) The provisions of this

title may not be waived by any payee.

(b) Any transfer agreement entered into on or after the effective date

of this title by a payee who resides in this state shall provide that

disputes under such transfer agreement, including any claim that the

payee has breached the agreement, shall be determined in and under the

laws of this state. No such transfer agreement shall authorize the

transferee or any other party to confess judgment or consent to entry of

judgment against the payee.

(c) No transfer of structured settlement payment rights shall extend

to any payments that are life-contingent unless, prior to the date on

which the payee signs the transfer agreement, the transferee has

established and has agreed to maintain procedures reasonably

satisfactory to the annuity issuer and the structured settlement obligor

for (i) periodically confirming the payee's survival, and (ii) giving

the annuity issuer and the structured settlement obligor prompt written

notice in the even of the payee's death.

(d) No payee who proposes to make a transfer of structured settlement

payment rights shall incur any penalty, forfeit any application fee or

other payment, or otherwise incur any liability to the proposed

transferee or any assignee based on any failure of such transfer to

satisfy the conditions of this title.

(e) Nothing contained in this title shall be construed to authorize

any transfer of structured settlement payment rights in contravention of

any statute or to imply that any transfer under a transfer agreement

entered into prior to the effective date of this title is valid or

invalid.

(f) Compliance with the requirements set forth in section 5-1703 of

this title and fulfillment of the conditions set forth in section 5-1705

of this title shall be solely the responsibility of the transferee in

any transfer of structured settlement payment rights, and neither the

structured settlement obligor nor the annuity issuer shall bear any

responsibility for, or any liability arising from, non-compliance with

such requirements or failure to fulfill such conditions.

(g) The assignee of any transfer agreement or any agreement executed

in connection therewith, shall be subject to all claims and defenses of

the payee against the transferee arising from such transfer agreement

notwithstanding any agreement to the contrary. Recovery hereunder by the

payee shall not exceed the amount owing to the assignee at the time the

claim or defense is asserted against the assignee. Rights of the payee

under this provision can be asserted affirmatively against a claim by

the assignee.

Waiver for families of victims of terrorist attacks.

Notwithstanding the provisions of section four thousand two hundred

twenty-four of the insurance law:

(a) An annuity issuer, or an employee or other representative of such

issuer, shall be permitted to waive or offer to waive the commission or

other compensation otherwise payable thereto as a result of the sale of

a policy or contract subject to the provisions of section four thousand

two hundred twenty-four of the insurance law to a member of the

immediate family of a person who was a victim of the September eleventh,

two thousand one terrorist attacks against the United States or any

terrorist attack as defined by subdivision (e) of this section; and

(b) In connection with such waiver, the insurance company may, at the

election of the policyowner or contract owner:

(i) contribute the amount of such waived commission or other

compensation to a charitable organization that meets the requirements of

section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and

is organized for the benefit of families of victims of terrorist

attacks; or

(ii) deduct from the premium an amount equal to such waived commission

or other compensation otherwise payable thereto as a result of the sale.

(c) For purposes of this section, the term "victim" shall mean a

decedent who died as a result of wounds or injury incurred as a result

of any terrorist attacks, but shall not include any individual

identified by the United States attorney general to have been a

participant or conspirator in such attack or a representative of such an

individual.

(d) An issuer seeking to avail itself of the provisions of this

section shall first submit its plan of implementation to the

superintendent of financial services for prior approval. If the plan is

approved, such issuer shall thereafter, upon request of such

superintendent, submit a report to such superintendent regarding its

experience in the implementation of such provisions.

(e) For purposes of this section, the term "terrorist attack" shall

mean premeditated, politically motivated violence perpetrated against

noncombatant targets by subnational groups or clandestine agents, listed

on the U.S. Department of State's list of Foreign Terrorist

Organizations or listed at the time of such attack.

Enforcement. (a) In addition to the other remedies provided,

whenever there shall be a violation of this title, application may be

made by the attorney general in the name of the people of the state of

New York to a court of competent jurisdiction by a special proceeding to

issue an injunction, and upon notice to the defendant of not less than

five days, to enjoin and restrain the continuance of such violations;

and if it shall appear to the satisfaction of the court or justice that

the defendant has, in fact, violated this title, an injunction may be

issued by such court or justice, enjoining and restraining any further

violation, without requiring proof that any person has, in fact, been

injured or damaged thereby. In any such proceedings, the court may make

allowances to the attorney general as provided in paragraph six of

subdivision (a) of section eighty-three hundred three of the civil

practice law and rules, and direct restitution. Whenever the court shall

determine that a violation of this title has occurred, the court may

impose a civil penalty of not more than one thousand dollars for each

violation. In connection with any such proposed application, the

attorney general is authorized to take proof and make a determination of

the relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.

(b) Any payee injured by a violation of this title may bring an action

for the recovery of damages. The court may award reasonable attorney's

fees to the prevailing plaintiff.

Money deposited or advanced for use or rental of personal

property; waiver void. 1. Whenever money shall be deposited or advanced

on a contract for the use or rental of personal property as security for

performance of the contract or to be applied to payments upon such

contract when due, such money, with interest accruing thereon, if any,

until repaid or so applied, shall continue to be the money of the person

making such deposit or advance and shall be a trust fund in the

possession of the person with whom such deposit or advance shall be made

and shall be deposited in a bank or trust company and shall not be

mingled with other funds or become an asset of such trustee, excepting,

however, that such trust funds may be deposited with other funds that

have been deposited or advanced to the trustee as security for

performance of a contract for the use or rental of personal property or

be applied to payments upon such contract when due. If the money being

deposited or advanced is for the use or rental of personal property and

the money deposited or advanced is seven hundred fifty dollars or more

and is for the use or rental of personal property for a period equal to

or greater than one hundred twenty days, the person receiving such money

shall deposit it pursuant to the provisions of subdivision one-a of this

section.

1-a. Whenever the money so deposited or advanced is seven hundred

fifty dollars or more and is for the use or rental of personal property

for a period equal to or greater than one hundred twenty days, the

person receiving such money shall, subject to the provisions of this

section, deposit it in an interest bearing account in a banking

organization within the state which account shall earn interest at a

rate which shall be the prevailing rate earned by other such deposits

made with banking organizations in such area. Such person shall not be

required to keep the funds of the separate persons from whom security

deposits or advances have been received in separate depository accounts,

provided his books of account shall clearly show the allocation of the

funds deposited in his general or special depository account. The person

depositing such security money shall be entitled to receive, as

administration expenses, a sum equivalent to one per cent per annum upon

the security money so deposited, which shall be deducted from the

interest earned on such security money from the banking organization and

shall be in lieu of all other administrative and custodial expenses

relating to the security deposit or advance. The balance of the interest

paid by the banking organization shall be the money of the lessee making

the deposit or advance and shall either be held in trust by the person

with whom such deposit or advance shall be made, until repaid or applied

for the use or rental of the personal property, or annually paid to the

lessee making the deposit of security money.

1-b. This section shall not be applicable to any advance payment of

money under or with respect to any contract for the use or rental of

personal property that, in accordance with the terms applicable to such

payment, either (a) is not revocable by the person making such payment

and is not otherwise subject to being returned or refunded to such

person, or (b) otherwise satisfies or discharges an equivalent liability

under such contract when such payment is made, whether or not such

liability is otherwise then due and payable under the terms of such

contract.

1-c. This section shall apply to money deposited or advanced on

contracts for the use or rental of personal property as security for

performance of the contract or to be applied to payments upon such

contract when due, only if (a) such contract is governed by the laws of

this state as the result of a choice of law provision in such contract,

in accordance with section 1--301 of the uniform commercial code

(subject to the limitations on choice of law by the parties to a

consumer lease under section 2-A-106 of the uniform commercial code), or

such contract is otherwise governed by the laws of this state in

accordance with applicable conflict of laws rules, and (b) the lessee

under such contract is located within this state, within the meaning of

the uniform commercial code (with respect to the location of debtors),

except that a foreign air carrier under the Federal Aviation Act of

1958, as amended, shall not be deemed located in this state solely as a

result of having a designated office of an agent upon whom service of

process may be made located in this state.

2. Any provision of a contract whereby a person who has deposited or

advanced money on a contract for the use or rental of personal property

as security for the performance of the contract waives any provision of

this section is absolutely void.

3. This section shall not be applicable to any deposit or advance of

money made in connection with the borrowing of securities for any lawful

purpose.

Money deposited or advanced for use or rental of real

property; waiver void; administration expenses. 1. Whenever money shall

be deposited or advanced on a contract or license agreement for the use

or rental of real property as security for performance of the contract

or agreement or to be applied to payments upon such contract or

agreement when due, such money, with interest accruing thereon, if any,

until repaid or so applied, shall continue to be the money of the person

making such deposit or advance and shall be held in trust by the person

with whom such deposit or advance shall be made and shall not be mingled

with the personal moneys or become an asset of the person receiving the

same, but may be disposed of as provided in section 7-105 of this

chapter.

2. Whenever the person receiving money so deposited or advanced shall

deposit such money in a banking organization, such person shall

thereupon notify in writing each of the persons making such security

deposit or advance, giving the name and address of the banking

organization in which the deposit of security money is made, and the

amount of such deposit. Deposits in a banking organization pursuant to

the provisions of this subdivision shall be made in a banking

organization having a place of business within the state. If the person

depositing such security money in a banking organization shall deposit

same in an interest bearing account, he shall be entitled to receive, as

administration expenses, a sum equivalent to one per cent per annum upon

the security money so deposited, which shall be in lieu of all other

administrative and custodial expenses. The balance of the interest paid

by the banking organization shall be the money of the person making the

deposit or advance and shall either be held in trust by the person with

whom such deposit or advance shall be made, until repaid or applied for

the use or rental of the leased premises, or annually paid to the person

making the deposit of security money.

2-a. Whenever the money so deposited or advanced is for the rental of

property containing six or more family dwelling units, the person

receiving such money shall, subject to the provisions of this section,

deposit it in an interest bearing account in a banking organization

within the state which account shall earn interest at a rate which shall

be the prevailing rate earned by other such deposits made with banking

organizations in such area.

2-b. In the event that a lease terminates other than at the time that

a banking organization in such area regularly pays interest, the person

depositing such security money shall pay over to his tenant such

interest as he is able to collect at the date of such lease termination.

3. Any provision of such a contract or agreement whereby a person who

so deposits or advances money waives any provision of this section is

absolutely void.

4. The term "real property" as used in this section is co-extensive in

meaning with lands, tenements and hereditaments.

Landlord failing to turn over deposits made by tenants or

licensees and to notify tenants or licensees thereof in certain cases.

1. Any person, firm or corporation and the employers, officers or agents

thereof, whether the owner or lessee of the property leased, who or

which has or hereafter shall have received from a tenant or licensee a

sum of money or any other thing of value as a deposit or advance of

rental as security for the full performance by such tenant or licensee

of the terms of his lease or license agreement, or who or which has or

shall have received the same from a former owner or lessee, shall, upon

conveying such property or assigning his or its lease to another, or

upon the judicial appointment and qualifying of a receiver in an action

to foreclose a mortgage or other lien of record affecting the property

leased, or upon the conveyance of such property to another person, firm

or corporation by a referee in an action to foreclose a mortgage or

other lien of record affecting the property leased if a receiver shall

not have been appointed and qualified in such action, at the time of the

delivery of the deed or instrument or assignment or within five days

thereafter, or within five days after the receiver shall have qualified,

deal with the security deposit as follows:

Turn over to his or its grantee or assignee, or to the receiver in the

foreclosure action, or to the purchaser at the foreclosure sale if a

receiver shall not have been appointed and qualified the sum so

deposited, and notify the tenant or licensee by registered or certified

mail of such turning over and the name and address of such grantee,

assignee, purchaser or receiver.

2. Any owner or lessee turning over to his or its grantee, assignee,

to a purchaser of the leased premises at a foreclosure sale, or to the

receiver in the foreclosure action the amount of such security deposit

is hereby relieved of and from liability to the tenant or licensee for

the repayment thereof; and the transferee of such security deposit is

hereby made responsible for the return thereof to the tenant or

licensee, unless he or it shall thereafter and before the expiration of

the term of the tenant's lease or licensee's agreement, transfer such

security deposit to another, pursuant to subdivision one hereof and give

the requisite notice in connection therewith as provided thereby. A

receiver shall hold the security subject to such disposition thereof as

shall be provided in an order of the court to be made and entered in the

foreclosure action. The provisions of this section shall not apply if

the agreement between the landlord and tenant or licensee is

inconsistent herewith.

3. Any failure to comply with this section is a misdemeanor.

Money deposited or advanced for certain installations; waiver

void. 1. Whenever any non-public moneys shall be deposited or advanced

by the owner of an occupied residential dwelling on a contract for the

installation of a private connection to a public sewer line as security

for payments or to be applied to payments upon such contract when due,

such money, with interest accruing thereon, if any, until repaid or so

applied, shall continue to be the money of the person making such

deposit or advance and shall be a trust fund in the possession of the

person with whom such deposit or advance shall be made and shall be

deposited in a bank, trust company, savings bank, savings and loan

association, federal savings and loan association or federal mutual

savings bank and shall not be mingled with other funds or become an

asset of such trustee.

2. Any provision of a contract whereby a person who has deposited or

advanced money on a contract for the installation of a private

connection to a public sewer line as security for payments or to be

applied to payments upon such contract when due waives any provision of

this section is absolutely void.

Deposits made by tenants of rent stabilized dwelling units.

1. This section shall apply only to dwelling units subject to the New

York city rent stabilization law of nineteen hundred sixty-nine or the

emergency tenant protection act of nineteen seventy-four.

2. No deposit or advance shall exceed the amount of one month's rent,

under any contract for the lease or tenancy of a dwelling unit subject

to this section.

3. The entire amount of the deposit or advance, shall be refundable to

the tenant upon the tenant's vacating of the premises except for an

amount lawfully retained for the reasonable and itemized costs due to

non-payment of rent, damage caused by the tenant beyond normal wear and

tear, non-payment of utility charges payable directly to the landlord

under the terms of the lease or tenancy, and moving and storage of the

tenant's belongings. The landlord may not retain any amount of the

deposit for costs relating to ordinary wear and tear of occupancy or

damage caused by a prior tenant.

4. After initial lease signing but before the tenant begins occupancy,

the landlord shall offer the tenant the opportunity to inspect the

premises with the landlord or the landlord's agent to determine the

condition of the property. If the tenant requests such inspection, the

parties shall execute a written agreement before the tenant begins

occupancy of the unit attesting to the condition of the property and

specifically noting any existing defects or damages. Upon the tenant's

vacating of the premises, the landlord may not retain any amount of the

deposit or advance due to any condition, defect, or damage noted in such

agreement. The agreement shall be admissible as evidence of the

condition of the premises at the beginning of occupancy only in

proceedings related to the return or amount of the security deposit.

5. Within a reasonable time after notification of either party's

intention to terminate the tenancy, unless the tenant terminates the

tenancy with less than two weeks' notice, the landlord shall notify the

tenant in writing of the tenant's right to request an inspection before

vacating the premises and of the tenant's right to be present at the

inspection. If the tenant requests such an inspection, the inspection

shall be made no earlier than two weeks and no later than one week

before the end of the tenancy. The landlord shall provide at least

forty-eight hours written notice of the date and time of the inspection.

After the inspection, the landlord shall provide the tenant with an

itemized statement specifying repairs or cleaning that are proposed to

be the basis of any deductions from the tenant's deposit. The tenant

shall have the opportunity to cure any such condition before the end of

the tenancy. Any statement produced pursuant to this subdivision shall

only be admissible in proceedings related to the return or amount of the

security deposit.

6. Within fourteen days after the tenant has vacated the premises, the

landlord shall provide the tenant with an itemized statement indicating

the basis for the amount of the deposit retained, if any, and shall

return any remaining portion of the deposit to the tenant. If a landlord

fails to provide the tenant with the statement and deposit within

fourteen days, the landlord shall forfeit any right to retain any

portion of the deposit.

7. In any action or proceeding disputing the amount of any portion of

the deposit retained, the landlord shall bear the burden of proof as to

the reasonableness of the amount retained.

8. Any person who violates the provisions of this section shall be

liable for actual damages, provided a person found to have willfully

violated this section shall be liable for punitive damages of up to

twice the amount of the deposit or advance.

9. (a) In circumstances where any sum of money or any other thing of

value deposited as security for the full performance by a tenant of the

terms of their lease is not turned over to a successor in interest

pursuant to section 7-105 of this title, the grantee or assignee of the

leased premises shall also be liable to such tenant, upon conveyance of

such leased premises, for the repayment of any such security deposit,

plus accrued interest, as to which such grantee or assignee has actual

knowledge.

(b) For purposes of this section, a grantee or assignee of the leased

premises shall be deemed to have actual knowledge of any security

deposit which is (i) deposited at any time during the six months

immediately prior to closing or other transfer of title in any banking

organization pursuant to subdivision two-a of section 7-103 of this

title, or (ii) acknowledged in any lease in effect at the time of

closing or other transfer of title, or (iii) supported by documentary

evidence provided by the tenant or lessee as set forth in paragraph (c)

of this subdivision.

(c) With respect to any leased premises for which there is no record

of security deposit pursuant to subparagraph (i) or (ii) of paragraph

(b) of this subdivision, the grantee or assignee of the leased premises

shall be obligated to notify the tenant thereof in writing no later than

thirty days following the closing or other transfer of title to the fact

that there is no record of a security deposit for said leased premises

and that unless the tenant within thirty days after receiving notice

provides them or it with documentary evidence of deposit, the tenant

shall have no further recourse against them or it for said security

deposit. For purposes of this subdivision, "documentary evidence" shall

be limited to any cancelled check drawn to the order of, a receipt from,

or a lease signed by any predecessor in interest, if such predecessor's

interest in the leased premises existed on or after the effective date

of this paragraph. Except as otherwise provided by subparagraphs (i) and

(ii) of paragraph (b) of this subdivision, the grantee or assignee of

the leased premises shall not be charged with actual knowledge of the

security deposit where the tenant fails within the thirty-day period to

provide such documentary evidence. Where the grantee or assignee of the

leased premises fails to notify the tenant as specified in this

paragraph within thirty days following the closing or other transfer of

title, the tenant shall be entitled to produce documentary evidence at

any time.

(d) The grantee or assignee of the leased premises shall have the

right to demand that the grantor or assignor thereof establish an escrow

account equal to one month's rent for any leased premises for which

there is no record of a security deposit pursuant to paragraph (b) of

this subdivision to be used for the purpose of holding harmless the

grantee or assignee in any case where, at a date subsequent to the

closing or other transfer of title, the tenant gives notice pursuant to

paragraph (c) of this subdivision.

(e) The liability of a receiver for payment of any security deposit

plus accrued interest pursuant to this subdivision shall be limited to

the amount of such deposit actually turned over to them or it pursuant

to subdivision one of section 7-105 of this title and to the operating

income in excess of expenses generated during their or its period of

receivership.

10. Any agreement by a lessee or tenant of a dwelling waiving or

modifying their rights as set forth in this section shall be absolutely

void.

Deposits made by tenants of non-rent stabilized dwelling

units. 1. This section shall apply to all dwelling units in residential

premises, unless such dwelling unit is specifically referred to in

section 7-107 of this title.

1-a. Except in dwelling units subject to the city rent and

rehabilitation law or the emergency housing rent control law, continuing

care retirement communities licensed pursuant to article forty-six or

forty-six-A of the public health law, assisted living providers licensed

pursuant to article forty-six-B of the public health law, adult care

facilities licensed pursuant to article seven of the social services

law, senior residential communities that have submitted an offering plan

to the attorney general, or not-for-profit independent retirement

communities that offer personal emergency response, housekeeping,

transportation and meals to their residents:

(a) No deposit or advance shall exceed the amount of one month's rent,

unless the deposit or advance is for a seasonal use dwelling unit as

provided for in subdivisions four and five of this section, or unless

the deposit or advance is for an owner-occupied cooperative apartment as

provided for in subdivision six of this section.

(b) The entire amount of the deposit or advance shall be refundable to

the tenant upon the tenant's vacating of the premises except for an

amount lawfully retained for the reasonable and itemized costs due to

non-payment of rent, damage caused by the tenant beyond normal wear and

tear, non-payment of utility charges payable directly to the landlord

under the terms of the lease or tenancy, and moving and storage of the

tenant's belongings. The landlord may not retain any amount of the

deposit for costs relating to ordinary wear and tear of occupancy or

damage caused by a prior tenant.

(c) After initial lease signing but before the tenant begins

occupancy, the landlord shall offer the tenant the opportunity to

inspect the premises with the landlord or the landlord's agent to

determine the condition of the property. If the tenant requests such

inspection, the parties shall execute a written agreement before the

tenant begins occupancy of the unit attesting to the condition of the

property and specifically noting any existing defects or damages. Upon

the tenant's vacating of the premises, the landlord may not retain any

amount of the deposit or advance due to any condition, defect, or damage

noted in such agreement. The agreement shall be admissible as evidence

of the condition of the premises at the beginning of occupancy only in

proceedings related to the return or amount of the security deposit.

(d) Within a reasonable time after notification of either party's

intention to terminate the tenancy, unless the tenant terminates the

tenancy with less than two weeks' notice, the landlord shall notify the

tenant in writing of the tenant's right to request an inspection before

vacating the premises and of the tenant's right to be present at the

inspection. If the tenant requests such an inspection, the inspection

shall be made no earlier than two weeks and no later than one week

before the end of the tenancy. The landlord shall provide at least

forty-eight hours written notice of the date and time of the inspection.

After the inspection, the landlord shall provide the tenant with an

itemized statement specifying repairs or cleaning that are proposed to

be the basis of any deductions from the tenant's deposit. The tenant

shall have the opportunity to cure any such condition before the end of

the tenancy. Any statement produced pursuant to this paragraph shall

only be admissible in proceedings related to the return or amount of the

security deposit.

(e) Within fourteen days after the tenant has vacated the premises,

the landlord shall provide the tenant with an itemized statement

indicating the basis for the amount of the deposit retained, if any, and

shall return any remaining portion of the deposit to the tenant. If a

landlord fails to provide the tenant with the statement and deposit

within fourteen days, the landlord shall forfeit any right to retain any

portion of the deposit.

(f) In any action or proceeding disputing the amount of any amount of

the deposit retained, the landlord shall bear the burden of proof as to

the reasonableness of the amount retained.

(g) Any person who violates the provisions of this subdivision shall

be liable for actual damages, provided a person found to have willfully

violated this subdivision shall be liable for punitive damages of up to

twice the amount of the deposit or advance.

2. (a) In circumstances where any sum of money or any other thing of

value deposited as security for the full performance by a tenant of the

terms of his lease is not turned over to a successor in interest

pursuant to section 7-105 of this chapter, the grantee or assignee of

the leased premises shall also be liable to such tenant, upon conveyance

of such leased premises, for the repayment of any such security deposit,

plus accrued interest, as to which such grantee or assignee has actual

knowledge.

(b) For purposes of this section, a grantee or assignee of the leased

premises shall be deemed to have actual knowledge of any security

deposit which is (i) deposited at any time during the six months

immediately prior to closing or other transfer of title in any banking

organization pursuant to subdivision two-a of section 7-103 of this

chapter, or (ii) acknowledged in any lease in effect at the time of

closing or other transfer of title, or (iii) supported by documentary

evidence provided by the tenant or lessee as set forth in paragraph (c)

of this subdivision.

(c) With respect to any leased premises for which there is no record

of security deposit pursuant to subparagraph (i) or (ii) of paragraph

(b) of this subdivision, the grantee or assignee of the leased premises

shall be obligated to notify the tenant thereof in writing no later than

thirty days following the closing or other transfer of title to the fact

that there is no record of a security deposit for said leased premises

and that unless the tenant within thirty days after receiving notice

provides him or it with documentary evidence of deposit, the tenant

shall have no further recourse against him or it for said security

deposit. For purposes of this subdivision, "documentary evidence" shall

be limited to any cancelled check drawn to the order of, a receipt from,

or a lease signed by any predecessor in interest, if such predecessor's

interest in the leased premises existed on or after the effective date

of this section. Except as otherwise provided by subparagraphs (i) and

(ii) of paragraph (b) of this subdivision the grantee or assignee of the

leased premises shall not be charged with actual knowledge of the

security deposit where the tenant fails within the thirty-day period to

provide said documentary evidence. Where the grantee or assignee of the

leased premises fails to notify the tenant as specified in this

paragraph within thirty days following the closing or other transfer of

title, the tenant shall be entitled to produce documentary evidence at

any time.

(d) The grantee or assignee of the leased premises shall have the

right to demand that the grantor or assignor thereof establish an escrow

account equal to one month's rent for any leased premises for which

there is no record of a security deposit pursuant to paragraph (b) of

this subdivision to be used for the purpose of holding harmless the

grantee or assignee in any case where, at a date subsequent to the

closing or other transfer of title, the tenant gives notice pursuant to

paragraph (c) of this subdivision.

(e) The liability of a receiver for payment of any security deposit

plus accrued interest pursuant to this subdivision shall be limited to

the amount of such deposit actually turned over to him or it pursuant to

subdivision one of section 7-105 of this chapter and to the operating

income in excess of expenses generated during his or its period of

receivership.

3. Any agreement by a lessee or tenant of a dwelling waiving or

modifying his rights as set forth in this section shall be absolutely

void.

4. A dwelling unit shall qualify as a seasonal use dwelling unit for

the purpose of paragraph (a) of subdivision one-a of this section if it

meets all of the following conditions:

(a) The lease expressly provides that: (i) the dwelling unit is

registered as a seasonal use dwelling unit, indicating the local or

county government agency with which it is registered; (ii) the occupancy

of the tenant is only for seasonal use not to exceed one hundred twenty

days or a shorter period provided for in the lease; and (iii) such

tenant has a primary residence to return to, the address of which is

expressly provided in the lease.

(b) Such dwelling unit is registered with the appropriate local

government or county registry as a seasonal use dwelling as provided for

in subdivision five of this section.

(c) Such dwelling unit is not rented as a seasonal use dwelling unit

for more than one hundred twenty days during each calendar year.

5. In order for a dwelling unit to qualify as a seasonal use dwelling

unit for the purpose of paragraph (a) of subdivision one-a of this

section, the local government with jurisdiction for building

administration over such unit or the county in which such unit is

located shall have adopted a seasonal use dwelling unit registry and

such unit shall be registered by filing a copy of the seasonal use lease

and such additional information as the local government or county that

administers such registry may require. Such local government or county

shall revoke the seasonal use dwelling unit registration of any dwelling

unit that does not adhere to the conditions provided for in subdivision

four of this section.

6. A dwelling unit shall qualify as an owner-occupied cooperative

apartment for the purpose of paragraph (a) of subdivision one-a of this

section if it meets all of the following conditions:

(a) the tenant is the dwelling unit owner, purchaser or shareholder of

such a cooperative housing corporation;

(b) such tenant has or will have after purchase exclusive occupancy of

such dwelling unit individually and with the permitted occupants

pursuant to a proprietary lease or occupancy agreement and established

and delimited rights under such lease or agreement; and

(c) such dwelling unit is not subject to the provisions of article

two, article four, article five, or article eleven of the private

housing finance law. For the purposes of this paragraph, "deposit or

advance", as used in paragraph (a) of subdivision one-a of this section,

shall not include any payments or advances that are part of the purchase

price of the unit or shares.

Commencement of a proceeding or action by the attorney

general to compel compliance. If it appears to the attorney general that

any person, association, or corporation has violated or is violating any

of the provisions of this title, an action or proceeding may be

instituted by the attorney general in the name of the people of the

state of New York to compel compliance with such provisions and enjoin

any violation or threatened violation thereof.

In connection with the institution of any such action or proceeding,

the attorney general is authorized to take proof and make a

determination of the relevant facts and to issue subpoenas in accordance

with the civil practice law and rules.

If in such action or proceeding, the court finds that a respondent has

committed such violation the court in its discretion may award to the

attorney general a sum not exceeding two thousand dollars with respect

to each such respondent as costs of investigation.

Sale of certain licensed taxicabs. Notwithstanding any other

law a bank, trust company, national bank, licensed lender or credit

union which has made a loan to the owner of a licensed taxicab, and has

taken as collateral a security agreement wherein the debtor pledges the

licensed taxicab as security for the repayment of the loan as prescribed

by the uniform commercial code, and in turn the secured party has filed

a financing statement in the proper filing offices, and default has

occurred in payment of the debt by the debtor, the secured party, if

possession has been had of the licensed taxicab must dispose of said

licensed taxicab for use and operation as a licensed taxicab pursuant to

law. When the secured party takes possession of such licensed taxicab it

shall immediately notify the licensing agency.

The purchaser of such licensed taxicab at sale hereunder, or his

vendee shall have the same rights in respect of the use and operation

thereof as a licensed taxicab as he would be entitled to under the law

pursuant to which such taxicab was licensed if he were the purchaser

thereof at a voluntary sale. Said sale shall be conditioned upon the

approval by the licensing or supervisory agency of the purchaser as an

owner of such taxicab. In making such determination, the licensing or

supervisory agency shall use the same procedure and standards as if the

purchaser thereof was a purchaser at a voluntary sale and such approval

shall not be arbitrarily withheld by the licensing or supervisory

agency. In the event such approval is not granted by the licensing or

supervisory agency, said sale shall be declared a nullity, all monies

paid hereunder, shall be returned to the purchaser at said sale. Such

sale shall continue until a purchaser acceptable to the licensing or

supervisory agency is obtained or the vehicle is otherwise disposed of

according to law.

As used herein the term licensed taxicab shall mean a vehicle carrying

passengers for hire and licensed by any county, city, town, village or

any other such licensing agency, to operate as a taxicab within any such

jurisdiction.

Liability of surety on an undertaking. When any undertaking

executed within or without the state specifies that it is to be void

upon payment of an amount or performance of an act, the undertaking

shall be deemed to contain a covenant either to pay the amount or to

perform the act specified. In the event of payment, the amount

recoverable from a surety shall not exceed the amount specified in the

undertaking except that interest in addition to this amount shall be

awarded from the time of default by the surety.

Buyer's right of redemption. 1. No note or security agreement

used in connection with a loan for the purpose of financing the purchase

of a motor vehicle, used primarily for personal or household purposes,

shall contain any provision for acceleration of payment which would

prevent the buyer's right of redemption pursuant to section three

hundred two of the personal property law. Any such provision shall be

void but shall not otherwise affect the validity of the note or security

agreement.

2. Within seventy-two hours after the repossession or surrender of

such motor vehicle the holder shall personally deliver or mail to the

borrower at his last known address a written notice setting forth the

right granted to redeem the vehicle, the dollar amount necessary to

redeem, and the name, address and telephone number of the holder where

information may be obtained regarding redemption of the vehicle.

Liability of receiver of rents and profits appointed in

mortgage foreclosure. A receiver of rents and profits appointed in an

action to foreclose a mortgage upon real property shall be liable, in

his official capacity, for injury to person or property sustained by

reason of conditions on the premises, in a case where an owner would

have been liable. Nothing herein contained shall be construed to enlarge

the liability of the receiver in his personal capacity.

No duty to keep premises safe for certain uses;

responsibility for acts of such users. 1. Except as provided in

subdivision two,

a. an owner, lessee or occupant of premises, whether or not posted as

provided in section 11-2111 of the environmental conservation law, owes

no duty to keep the premises safe for entry or use by others for

hunting, fishing, organized gleaning as defined in section seventy-one-y

of the agriculture and markets law, canoeing, boating, trapping, hiking,

cross-country skiing, tobogganing, sledding, speleological activities,

horseback riding, bicycle riding, hang gliding, motorized vehicle

operation for recreational purposes, snowmobile operation, cutting or

gathering of wood for non-commercial purposes or training of dogs, or to

give warning of any hazardous condition or use of or structure or

activity on such premises to persons entering for such purposes;

b. an owner, lessee or occupant of premises who gives permission to

another to pursue any such activities upon such premises does not

thereby (1) extend any assurance that the premises are safe for such

purpose, or (2) constitute the person to whom permission is granted an

invitee to whom a duty of care is owed, or (3) assume responsibility for

or incur liability for any injury to person or property caused by any

act of persons to whom the permission is granted.

c. an owner, lessee or occupant of a farm, as defined in section six

hundred seventy-one of the labor law, whether or not posted as provided

in section 11-2111 of the environmental conservation law, owes no duty

to keep such farm safe for entry or use by a person who enters or

remains in or upon such farm without consent or privilege, or to give

warning of any hazardous condition or use of or structure or activity on

such farm to persons so entering or remaining. This shall not be

interpreted, or construed, as a limit on liability for acts of gross

negligence in addition to those other acts referred to in subdivision

two of this section.

2. This section does not limit the liability which would otherwise

exist

a. for willful or malicious failure to guard, or to warn against, a

dangerous condition, use, structure or activity; or

b. for injury suffered in any case where permission to pursue any of

the activities enumerated in this section was granted for a

consideration other than the consideration, if any, paid to said

landowner by the state or federal government, or permission to train

dogs was granted for a consideration other than that provided for in

section 11-0925 of the environmental conservation law; or

c. for injury caused, by acts of persons to whom permission to pursue

any of the activities enumerated in this section was granted, to other

persons as to whom the person granting permission, or the owner, lessee

or occupant of the premises, owed a duty to keep the premises safe or to

warn of danger.

3. Nothing in this section creates a duty of care or ground of

liability for injury to person or property.

Right of entry for professional land surveyor performing

surveying services. 1. When performing surveying services as a

professional land surveyor licensed under article one hundred forty-five

of the education law, the land surveyor and authorized agents or

employees of any such land surveyor may enter upon or cross any lands

necessary to perform surveying services provided that the surveyor and

authorized agents or employees of such land surveyor:

a. makes reasonable efforts to notify the landowner or, in the case of

a lease, the lessee thereof of his or her intention to enter upon the

owner's or lessee's land to make a land survey;

b. operates upon such lands during reasonable hours;

c. operates within a reasonable distance from the property line of the

land being surveyed; and

d. carries proper identification as to their registration or

employment and displays such identification to anyone requesting

identification.

2. Nothing in this section shall be construed to:

a. remove civil liability for damage to land, chattels, crops or

personal property; or

b. authorized any professional land surveyor, authorized agent or

employee to enter any building or structure used as a residence or for

storage.

Genetically engineered or genetically modified organisms;

affirmative defense. Any party who is sued for damages for any claim on

the ground that the party possessed or used seeds or plants that

contained genetically engineered or genetically modified organisms

without entering into an agreement or paying fees to the manufacturer or

licensed distributor of such genetically engineered or genetically

modified organisms shall have an affirmative defense against any

liability if the party shall show that he or she did not knowingly and

intentionally introduce the genetically engineered or genetically

modified organisms into his or her plants or seeds or onto his or her

property and he or she did not knowingly gain from the distinctive

traits due to genetic modification or genetic engineering.

Compensation for injury or damage caused by the intoxication

of a person under the age of twenty-one years. 1. Any person who shall

be injured in person, property, means of support or otherwise, by reason

of the intoxication or impairment of ability of any person under the age

of twenty-one years, whether resulting in his death or not, shall have a

right of action to recover actual damages against any person who

knowingly causes such intoxication or impairment of ability by

unlawfully furnishing to or unlawfully assisting in procuring alcoholic

beverages for such person with knowledge or reasonable cause to believe

that such person was under the age of twenty-one years.

2. In case of the death of either party, the action or right of action

established by the provisions of this section shall survive to or

against his or her executor or administrator, and the amount so

recovered by either a husband, wife or child shall be his or her sole

and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any case where parents shall be entitled to such damages, either

of such parents may bring an action therefor; but that recovery by

either one of such parties shall constitute a bar to suit brought by the

other.

Compensation for injury caused by the illegal sale of

intoxicating liquor. 1. Any person who shall be injured in person,

property, means of support, or otherwise by any intoxicated person, or

by reason of the intoxication of any person, whether resulting in his

death or not, shall have a right of action against any person who shall,

by unlawful selling to or unlawfully assisting in procuring liquor for

such intoxicated person, have caused or contributed to such

intoxication; and in any such action such person shall have a right to

recover actual and exemplary damages.

2. In case of the death of either party, the action or right of action

given by this section shall survive to or against his or her executor or

administrator, and the amount so recovered by either a husband, wife or

child shall be his or her sole and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any case where parents shall be entitled to such damages, either

the father or mother may sue alone therefor, but recovery by one of such

parties shall be a bar to suit brought by the other.

Liability of utilities for compensation for damages caused

by interfering with, or delaying the progress of work under state public

construction contracts. 1. No utility shall interfere with, or delay the

progress of work under any contract with the state department, agency,

division or board, for the construction, reconstruction or improvement

of any highway, street, road, railroad grade crossing, bridge, tunnel,

underpass, overpass or other state contract work, by failing to remove

or relocate its poles, wires, cables, conduits, pipes or any other

facilities or structures within the time schedule therefor by an

agreement or under the terms of an agreement between the department,

agency, division or board and the utility, or if no time is fixed by

such an agreement or under the terms of such an agreement, within the

time fixed by the department, agency, division or board, by notice

served upon such utility by such state department, agency, division or

board.

2. If such notice is utilized, it shall describe the public

improvement and the geographical location thereof, the date of

commencement and the date of completion, if any, provided for by the

contract, the contractor's name and address, the manner in which and the

extent to which the facilities and structures of the utility obstruct or

prevent the contractor from progressing or performing the work

comprehended by the contract, and shall fix the date or time within such

utility is required to remove or relocate its facilities or structures,

specifying the same, in order to provide the contractor with the site

when required by the contractor for progressing or performing the work

pursuant to such state contract. Such notice shall be in writing and

shall be served upon such utility either personally or by certified mail

at its principal office or place of business in the county where the

work under such contract is to be performed, or, if there be no such

principal office or place of business in such county, at the nearest

principal office or place of business of such utility, outside of such

county. In the event the utility to whom the aforesaid notice was

directed is for any reason unable, within the prescribed period, to

remove or relocate said facilities or structures specified in the

notice, said utility shall immediately advise said department, agency,

division or board and the contractor, in writing, of such inability, and

in the same communication so advise said department, agency, division or

board, and the contractor of the approximate date that such removal or

relocation of facilities or structures could be effected; and shall

further state the basis for the inability of said utility to remove or

relocate said facilities or structures within the time specified by the

notice served thereon by said department, agency, division or board. The

department, agency, division or board, after examining and considering

the utility's basis for establishing a different schedule for such

removal or relocation, shall, if such basis is reasonable, establish and

notify the utility of a revised schedule for completing such removal or

relocation.

3. In cases where the utility has been reimbursed for removal,

relocation, replacement or reconstruction pursuant to subdivision

twenty-four-b of section ten of the highway law, a utility failing to

complete the removal or relocation of such structures or facilities

within a period of thirty days beyond the time fixed therefor by the

latest time schedule established in accordance with this section, shall

be liable and responsible to any such contractor for any damages, direct

or consequential, sustained by any such contractor as the result

thereof, in an action to be brought by such contractor against such

utility in a court of competent jurisdiction within two years from the

time fixed for the removal or relocation of such structures or

facilities. If an action is commenced against a utility, as heretofore

provided, said utility may interpose in its answer in such action any

defense available under the provisions of the civil practice law and

rules. The unreasonableness of the time schedule imposed by the state

department, agency, division or board shall be an absolute defense by

the utility to any such action by the contractor. If, in any such

action, the utility is found to owe nothing to the contractor, or if an

offer of settlement is made by the utility which is not accepted by the

contractor and the resulting verdict against the utility is less than

the offer of settlement, then in either such event the total cost of the

utility of litigation, including reasonable attorney's fees, shall be

paid to the utility by the contractor.

Compensation for injury caused by the illegal sale of

controlled substances. 1. (a) Any person who is injured in person,

property, means of support or otherwise by a person whose abilities are

impaired by the use of a controlled substance, or by reason of such

person's impairment, shall have a right of action against any person who

caused or contributed to such impairment by unlawfully selling to or

unlawfully assisting in procuring a controlled substance for such

person.

(b) In any such action, the injured person shall have a right to

recover actual and exemplary damages.

2. In case of the death of either party, the action or right of action

given by this section shall survive to or against his or her executor or

administrator, and the amount so recovered by either a husband, wife or

child shall be his or her sole and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any case where parents shall be entitled to such damages, either

the father or mother may sue alone therefor, but recovery by one of such

parties shall be a bar to suit brought by the other.

5. The term "controlled substance" when used in this section, means

and includes any substance listed in section thirty-three hundred six of

the public health law.

Additional liability of drawer. 1. Notwithstanding any

contrary provision of law, a drawer negotiating a check who knows or

should know that payment of such check will be refused by the drawee

bank either because the drawer has no account with such bank or because

the drawer has insufficient funds on deposit with such bank shall be

liable, except as provided in subdivision four of this section, to the

payee who has presented such check for payment, not only for the face

amount of the check but also for additional, liquidated damages, where

the check is dishonored and the drawer fails to pay the face amount of

such check within thirty days following the date of mailing by the payee

of the second written demand for payment as provided in this section.

2. In the case of a drawer negotiating a check who knows or should

know that payment of such check will be refused by the drawee bank

because the drawer has no account with such bank, such additional,

liquidated damages shall be in an amount to be determined by the court

in light of the circumstances, but in no event shall such amount be

greater than twice the face amount of the check or seven hundred fifty

dollars, whichever is less.

3. In the case of a drawer negotiating a check who knows or should

know that payment of such check will be refused by the drawee bank

because the drawer has insufficient funds on deposit with such bank,

such additional, liquidated damages shall be in an amount to be

determined by the court in light of the circumstances, but in no event

shall such amount be greater than twice the face amount of the check or

four hundred dollars, whichever is less.

4. The drawer shall not be liable to the payee for the additional,

liquidated damages provided for by this section if:

(a) The drawer gave such check as payment for the rental of

residential premises; or

(b) The drawer gave such check as payment for residential service

supplied by a gas, electric, steam, telephone or water corporation; or

(c) The drawer gave such check as repayment of all, or a portion of, a

debt secured by collateral which the payee has repossessed.

5. Defenses which may be asserted against any person not having the

rights of a holder in due course, as specified in sections 3-306 and

3-408 of the uniform commercial code, shall be available to a defendant

in any action or proceeding in which additional liability is claimed

under this section.

6. The additional liquidated damages provided for in this section

shall be available only to those persons or entities which post or

otherwise give conspicuous notice to the public of the additional,

liquidated damages which may be imposed pursuant to this section. Such

notice shall set forth the additional liquidated damages that may be

imposed if a check is dishonored and the section of law authorizing

imposition of such damages, and provide notice that criminal penalties

also may apply.

7. The first written demand for payment on the dishonored check shall

be in the form prescribed by subdivision eight of this section and shall

be sent to the drawer's last known residence address or last known place

of business by first class mail and by certified mail return receipt

requested with delivery restricted to the drawer, on or after the date

the payee received notice that such check had been dishonored. The

second written demand for payment on the dishonored check shall be in

the form provided in subdivision eight of this section and shall be sent

to the drawer at the drawer's last known residence address or last known

place of business by first class mail on or after the fifteenth day

following the date of receipt of the first written demand for payment.

8. The written demands for payment required by subdivision seven of

this section, shall be in the following form and shall be printed in at

least ten point type in both the English and Spanish languages:

DEMAND FOR PAYMENT OF DISHONORED CHECK

DATE: 1ST NOTICE

2ND AND FINAL NOTICE

TO: _____________________ WARNING: YOU MAY BE

NAME OF DRAWER SUED 30 DAYS AFTER

_____________________ THE DATE OF THIS

_____________________ NOTICE IF YOU DO

_____________________ NOT MAKE PAYMENT

LAST KNOWN RESIDENCE ADDRESS

OR PLACE OF BUSINESS

YOUR CHECK IN THE AMOUNT OF $___________ DATED____________________

PAYABLE TO THE ORDER OF__________________ HAS BEEN DISHONORED BY

THE BANK UPON WHICH IT WAS DRAWN, BECAUSE:

________YOU HAD NO ACCOUNT WITH THAT BANK.

________YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THAT BANK.

IF YOU DO NOT MAKE PAYMENT, YOU MAY BE SUED UNDER SECTION 11-104 OF THE

GENERAL OBLIGATIONS LAW TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED

AGAINST YOU IN COURT, IT MAY INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT

OF THE CHECK, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES, AS FOLLOWS:

--IF YOU HAD NO ACCOUNT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN,

AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF

THE CHECK OR SEVEN HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS; OR

--IF YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THE BANK UPON WHICH

THE CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE

THE FACE AMOUNT OF THE CHECK OR FOUR HUNDRED DOLLARS, WHICHEVER IS LESS.

PLEASE MAKE PAYMENT IN THE AMOUNT OF_______ TO:

____________________________________________________________________

NAME OF PAYEE

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

ADDRESS TO WHICH PAYMENT SHOULD BE DELIVERED

IF YOU DISPUTE ANY OF THE FACTS LISTED ABOVE, CONTACT THE PAYEE

IMMEDIATELY.

9. The public service commission shall study the extent to which

checks given in payment for residential service supplied by a gas,

electric, steam, telephone or water corporation are dishonored either

because the drawer had no account with the bank on which the check was

written or because the drawer had insufficient funds on deposit with

such bank, including the extent of chronic payment with checks that

are dishonored and the impact of such dishonored checks on the

operating costs of these corporations and their requests for rate

increases, and whether any penalty for dishonored checks, in addition

to recovery of the utilities' administrative costs, is necessary. The

commission shall report to the governor and the legislature no later

than one year after the effective date of this section.

Larceny in mercantile establishments. 1. When used in this

section, the term "mercantile establishment" shall mean a place or

vehicle where goods, wares or merchandise are offered for sale or a

place or vehicle from which deliveries of goods, wares or merchandise

are made.

2. When used in this section, the term "larceny" is an act heretofore

defined or known as common law larceny by trespassory taking as defined

in paragraph (a) of subdivision two of section 155.05 of the penal law

committed against the property of a mercantile establishment.

3. When used in this section, the term "emancipated minor" shall mean

a person who was over the age of sixteen at the time of the alleged

larceny and who was no longer a dependent of or in the custody of a

parent or legal guardian.

4. In any proceeding brought under this section the burden of proof

shall be by a preponderance of the evidence.

5. An adult or emancipated minor who commits larceny against the

property of a mercantile establishment shall be civilly liable to the

operator of such establishment in an amount consisting of:

(a) the retail price of the merchandise if not recovered in

merchantable condition up to an amount not to exceed fifteen hundred

dollars; plus

(b) a penalty not to exceed the greater of five times the retail price

of the merchandise or seventy-five dollars; provided, however, that in

no event shall such penalty exceed five hundred dollars.

6. Parents or legal guardians of an unemancipated minor shall be

civilly liable for said minor who commits larceny against the property

of a mercantile establishment to the operator of such establishment in

an amount consisting of:

(a) the retail price of the merchandise if not recovered in

merchantable condition up to an amount not to exceed fifteen hundred

dollars; plus

(b) a penalty not to exceed the greater of five times the retail price

of the merchandise or seventy-five dollars; provided, however, that in

no event shall such penalty exceed five hundred dollars.

7. A conviction or a plea of guilty for committing larceny is not a

prerequisite to the bringing of a civil suit, obtaining a judgment, or

collecting that judgment under this section.

8. The fact that an operator of a mercantile establishment may bring

an action against an individual as provided in this section shall not

limit the right of such merchant to demand, orally or in writing, that a

person who is liable for damages and penalties under this section remit

the damages and penalties prior to the commencement of any legal action.

9. In any action brought under subdivision six of this section, the

court shall consider in the interest of justice mitigating circumstances

that bear directly upon the actions of the parent or legal guardian in

supervising the unemancipated minor who committed the larceny.

10. An action for recovery of damages and penalties under this section

may be brought in any court of competent jurisdiction.

11. The provisions of this section shall not be construed to prohibit

or limit any other cause of action which an operator of a mercantile

establishment may have against a person who unlawfully takes merchandise

from the mercantile establishment.

12. Any testimony or statements of the defendant or unemancipated

minor child of the defendant or any evidence derived from an attempt to

reach a civil settlement or from a civil proceeding brought under this

section shall be inadmissible in any other court proceeding relating to

such larceny.

Compensation for injury or death to police officers and

firefighters or their estates. 1. In addition to any other right of

action or recovery otherwise available under law, whenever any police

officer or firefighter suffers any injury, disease or death while in the

lawful discharge of his official duties and that injury, disease or

death is proximately caused by the neglect, willful omission, or

intentional, willful or culpable conduct of any person or entity, other

than that police officer's or firefighter's employer or co-employee, the

police officer or firefighter suffering that injury or disease, or, in

the case of death, a representative of that police officer or

firefighter may seek recovery and damages from the person or entity

whose neglect, willful omission, or intentional, willful or culpable

conduct resulted in that injury, disease or death.

2. Nothing in this section shall be deemed to expand or restrict the

existing liability of an employer or co-employee at common-law or under

sections two hundred five-a and two hundred five-e of the general

municipal law for injuries or death sustained in the line-of-duty by any

police officer or firefighter.

Compensation for harm to a guide, hearing or service dog. In

addition to any other right of action or recovery otherwise available

under law, a disabled person whose guide, hearing or service dog is

injured due to the negligence of the owner of another dog in handling

that other dog may recover damages from the owner or custodian of the

non-guide, hearing or service dog that causes injury to the guide,

hearing or service dog. Such damages may include, but are not limited to

veterinarian fees, the cost of retraining or replacing the guide,

hearing or service dog, and lost wages or damages due to loss of

mobility incurred while retraining or replacement is taking place.

Short title. This article shall be known and may be cited as

"the drug dealer liability act".

Definitions. As used in this article:

1. "Illegal drug" means any controlled substance the possession of

which is an offense under the public health law or the penal law.

2. "Drug market" means the support system of illegal drug-related

operations, from production to retail sales, through which an illegal

drug reaches a drug user.

3. "Drug user" means the individual whose illegal drug use is the

basis of an action brought pursuant to this article.

4. "Grade one violation" means possession of one-quarter ounce or

more, but less than four ounces, or distribution of less than one ounce

of an illegal drug.

5. "Grade two violation" means possession of four ounces or more, but

less than eight ounces, or distribution of one ounce or more, but less

than two ounces, of an illegal drug.

6. "Grade three violation" means possession of eight ounces or more,

but less than sixteen ounces, or distribution of two ounces or more, but

less than four ounces, of a specified illegal drug.

7. "Grade four violation" means possession of sixteen ounces or more

or distribution of four ounces or more of a specified illegal drug.

8. "Participate in a drug market" means to distribute, possess with

intent to distribute, commit an act intended to facilitate or in

furtherance of the marketing or distribution of, or agree to distribute,

possess with an intent to distribute, or commit an act intended to

facilitate or in furtherance of the marketing and distribution of an

illegal drug. "Participate in a drug market" does not include the

purchase, receipt or possession of an illegal drug for personal use

only.

9. "Person" means an individual, a governmental entity, corporation,

firm, trust, partnership, or incorporated or unincorporated association,

existing under or authorized by the laws of this state, another state,

or a foreign country.

10. "Period of drug use" means, in relation to an individual drug

user, the time of first use by an individual of an illegal drug to the

accrual of the cause of action.

11. "Place of drug activity" means, in relation to an individual drug

user, each county in which the individual purchases, receives, possesses

or uses an illegal drug or in which the individual resides, attends

school, or is employed during the period of the illegal drug use of the

individual, unless the defendant proves otherwise by clear and

convincing evidence.

12. "Place of participation" means, in relation to a defendant in an

action brought under this article, each county in which such defendant

is alleged to have participated in a drug market or in which such

defendant resides, attends school, or is employed during the period of

the participation in a drug market by such defendant.

13. "Drug trafficker" means a person convicted of a class A or class B

felony controlled substance who, in connection with the criminal conduct

for which he or she stands convicted, possessed, distributed, sold or

conspired to sell a controlled substance which, by virtue of its

quantity, the person's prominent role in the enterprise responsible for

the sale or distribution of such controlled substance and other

circumstances related to such criminal conduct indicate that such

person's criminal possession, sale or conspiracy to sell such substance

was not an isolated occurrence and was part of an ongoing pattern of

criminal activity from which such person derived substantial income or

resources and in which such person played a leadership role.

Liability established. A person who knowingly participates

in a drug market within this state and has been convicted of a crime for

such participation in a drug market and is a drug trafficker shall be

liable for civil damages as provided in this article.

Recovery by persons other than illegal drug users. 1. One or

more of the following persons may bring an action for and recover

damages caused by use of an illegal drug by an individual:

(a) A parent, legal guardian, child, or spouse of an individual drug

user;

(b) An employer of an individual drug user; and

(c) A medical facility, insurer, governmental entity, employer, or

other entity that funds a drug treatment program or employee assistance

program for the individual drug user.

2. A person entitled to bring an action pursuant to subdivision one of

this section may be awarded damages from a person who knowingly

participated in the chain of distribution of an illegal drug actually

used by the individual drug user.

3. A person knowingly participates in a drug market if:

(a) the place of the illegal drug use by the individual drug user is

within a drug market target community of the defendant;

(b) the participation of the defendant in such drug market was

connected with the same type of illegal drug used by the individual

user; and

(c) the defendant participated in such drug market at any time during

the illegal drug use by the individual user.

4. A person entitled to bring an action under this section may recover

the following damages:

(a) Economic damages including, but not limited to, the cost of

treatment and rehabilitation, medical expenses, loss of economic

potential, loss of productivity, and support expenses;

(b) Non-economic damages, including, but not limited to, physical and

emotional pain and suffering, disfigurement, loss of companionship and

consortium;

(c) Reasonable attorney fees;

(d) Reasonable expert consultant and expert witness fees; and

(e) Costs and disbursements as provided for in the civil practice law

and rules.

Recovery by illegal drug users. 1. An individual drug user

may not bring an action for damages caused by the use of an illegal

drug, unless all of the following conditions are met:

(a) The individual discloses to law enforcement authorities, more than

six months before filing the action, information known to the individual

regarding their source of illegal drugs;

(b) The individual has not used an illegal drug within the six month

period preceding filing the action.

2. A person entitled to bring an action under this section may be

awarded damages only from a person who knowingly participated in the

chain of distribution of an illegal drug that was actually used by the

individual drug user.

3. A person entitled to bring an action under this section may recover

economic damages, including but not limited to the cost of treatment,

rehabilitation, and medical expenses, loss of economic potential, and

loss of productivity.

Scope of defendant's liability established. A person shall

be deemed to have affected a target community based upon the following

grades of offenses:

1. For a grade one violation, the county in which the place of

participation by the defendant is situated;

2. For a grade two violation, the community described in subdivision

one of this section along with all counties with a border contiguous to

such community;

3. For a grade three violation, the community described in subdivision

two of this section plus all counties with a border contiguous to such

community; and

4. For a level four offense, the entire state.

Joinder. Two or more persons may join in one cause of action

under this article as plaintiffs if each action has at least one place

of illegal drug activity in common and if any portion of the period of

illegal drug use overlaps with the period of illegal drug use for every

other plaintiff.

Culpable conduct; contribution. 1. An action by an

individual drug user shall be governed by the provisions of article

fourteen-A of the civil practice law and rules. An action by a person

other than an individual drug user shall not be governed by the

provisions of article fourteen-A of the civil practice law and rules.

2. The defendant shall bear the burden of proving the comparative

culpable conduct of the plaintiff.

3. Comparative culpable conduct shall not be attributed to a plaintiff

who is not an individual drug user.

4. A person subject to liability under this article shall have a right

of action for contribution against another person subject to liability

under this article pursuant to article fourteen of the civil practice

law and rules. A plaintiff may seek recovery in accordance with this

article and any other appropriate provision of law from a person against

whom a defendant has asserted a right of contribution.

Judgments; execution and enforcement. 1. The provisions of

the civil practice law and rules relating to the exemption of certain

real and personal property from execution and enforcement of civil

judgments shall not apply to judgment rendered in favor of the plaintiff

under this article.

2. Any assets subject to an administrative, civil or criminal

forfeiture proceeding under state or federal law or which have been

seized for forfeiture by any state or federal agency may not be used to

satisfy a judgment under this article unless and until such assets have

been released following the conclusion of the forfeiture action or

released by the agency that seized such assets.

Periods of limitation. 1. Notwithstanding any provision of

law to the contrary, a claim under this article may not be brought more

than two years after the cause of action accrues. A cause of action

accrues under this article when a person who may recover has reason to

know of the harm from illegal drug use that is the basis for the cause

of action and has reason to know that the illegal drug use is the cause

of such harm.

2. Notwithstanding any other provision of law to the contrary for a

plaintiff, the statute of limitations under this section shall be tolled

when an individual potential plaintiff is incapacitated by the use of an

illegal drug to the extent that such individual cannot reasonably be

expected to seek recovery under this article or as otherwise provided

for by law. For a defendant, the statute of limitations under this

section shall be tolled until six months after the individual potential

defendant is convicted of a crime involving participation in a drug

market.

Transfer of claims. Any claim or demand can be transferred,

except in one of the following cases:

1. Where it is to recover damages for a personal injury;

2. Where it is founded upon a grant, which is made void by a statute

of the state; or upon a claim to or interest in real property, a grant

of which, by the transferrer, would be void by such a statute;

3. Where a transfer thereof is expressly forbidden by: (a) a statute

of the state, or (b) a statute of the United States, or (c) would

contravene public policy.

Transfer of judgment for sum of money. A judgment for a sum

of money, or directing the payment of a sum of money, recovered upon any

cause of action, may be transferred; but if it is vacated or reversed,

the transfer thereof does not transfer the cause of action unless the

latter was transferable before the judgment was recovered. A person who

executes such a transfer without acknowledging his signature before an

officer authorized to take the acknowledgment of a deed must so

acknowledge it at the request of his assignee or of a subsequent

assignee or of the judgment debtor upon payment of the officer's fees.

Effect of transfer of claim or demand. Where a claim or

demand can be transferred, the transfer thereof passes an interest,

which the transferee may enforce by an action or special proceeding, or

interpose as a defense or counter-claim, in his own name, as the

transferrer might have done; subject to any defense or counter-claim,

existing against the transferrer, before notice of the transfer, or

against the transferee. But this section does not apply, where the

rights or liabilities of a party to a claim or demand, which is

transferred, are regulated by special provision of law; nor does it vary

the rights or liabilities of a party to a negotiable instrument, which

is transferred.

Claims or demands transferred with bond unless reserved. 1.

Unless expressly reserved in writing, a transfer of any bond shall vest

in the transferee all claims or demands of the transferrer, whether or

not such claims or demands are known to exist, (a) for damages or

rescission against the obligor on such bond, (b) for damages against the

trustee or depositary under any indenture under which such bond was

issued or outstanding, and (c) for damages against any guarantor of the

obligation of such obligor, trustee or depositary.

2. As used in this section, "bond" shall mean and include any and all

shares and interests in an issue of bonds, notes, debentures or other

evidences of indebtedness of individuals, partnerships, associations or

corporations, whether or not secured.

3. As used in this section, "indenture" means any mortgage, deed of

trust, trust or other indenture, or similar instrument or agreement

(including any supplement or amendment to any of the foregoing), under

which bonds as herein defined are issued or outstanding, whether or not

any property, real or personal, is, or is to be, pledged, mortgaged,

assigned, or conveyed thereunder.

Definition of "transfer." As used in sections 13-101,

13-103, 13-105 and 13-107, the term "transfer" includes sale,

assignment, conveyance, deed and gift.

Definitions. In this title, unless otherwise expressly

stated, "obligation" does not include a liability in tort; "obligor"

does not include a person liable for a tort; "obligee" does not include

a person having a right based on a tort. "Several obligors" means

obligors severally bound for the same performance.

Co-obligor not a party. A judgment against one or more of

several obligors, or against one or more of joint, or of joint and

several obligors shall not discharge a co-obligor who was not a party to

the proceeding wherein the judgment was rendered.

Consideration to be credited to co-obligor. The amount or

value of any consideration received by the obligee from one or more of

several obligors, or from one or more of joint, or of joint and several

obligors, in whole or in partial satisfaction of their obligations,

shall be credited to the extent of the amount received on the

obligations of all co-obligors to whom the obligor or obligors giving

the consideration did not stand in the relation of a surety.

Discharge of one obligor, with reservations. Subject to the

provisions of section 15-103, the obligee's release or discharge of one

or more of several obligors, or of one or more of joint, or of joint and

several obligors shall not discharge co-obligors, against whom the

obligee in writing and as part of the same transaction as the release or

discharge, expressly reserves his rights; and in the absence of such a

reservation of rights shall discharge co-obligors only to the extent

provided in section 15-105.

Discharge of one obligor, without reservation. 1. If an

obligee releasing or discharging an obligor without express reservation

of rights against a co-obligor, then knows or has reason to know that

the obligor released or discharged did not pay so much of the claim as

he was bound by his contract or relation with that co-obligor to pay,

the obligee's claim against that co-obligor shall be satisfied to the

amount which the obligee knew or had reason to know that the released or

discharged obligor was bound to such co-obligor to pay.

2. If an obligee so releasing or discharging an obligor has not then

such knowledge or reason to know, the obligee's claim against the

co-obligor shall be satisfied to the extent of the lesser of two

amounts, namely (a) the amount of the fractional share of the obligor

released or discharged, or (b) the amount that such obligor was bound by

his contract or relation with the co-obligor to pay.

Death of joint obligor. On the death of a joint obligor in

contract, his estate shall be bound as such jointly and severally with

the surviving obligor or obligors.

Release of partner. A release of a partner from a

partnership liability shall release his co-partners from the same

liability to the creditor giving the release, but after a partnership

has been dissolved, by consent or otherwise, any partner may make a

separate composition or compromise with any partnership creditor, and

such composition or compromise shall discharge from such liability the

partner making it, and him only.

Release or covenant not to sue. (a) Effect of release of or

covenant not to sue tortfeasors. When a release or a covenant not to sue

or not to enforce a judgment is given to one of two or more persons

liable or claimed to be liable in tort for the same injury, or the same

wrongful death, it does not discharge any of the other tortfeasors from

liability for the injury or wrongful death unless its terms expressly so

provide, but it reduces the claim of the releasor against the other

tortfeasors to the extent of any amount stipulated by the release or the

covenant, or in the amount of the consideration paid for it, or in the

amount of the released tortfeasor's equitable share of the damages under

article fourteen of the civil practice law and rules, whichever is the

greatest.

(b) Release of tortfeasor. A release given in good faith by the

injured person to one tortfeasor as provided in subdivision (a) relieves

him from liability to any other person for contribution as provided in

article fourteen of the civil practice law and rules.

(c) Waiver of contribution. A tortfeasor who has obtained his own

release from liability shall not be entitled to contribution from any

other person.

(d) Releases and covenants within the scope of this section. A release

or a covenant not to sue between a plaintiff or claimant and a person

who is liable or claimed to be liable in tort shall be deemed a release

or covenant for the purposes of this section only if:

(1) the plaintiff or claimant receives, as part of the agreement,

monetary consideration greater than one dollar;

(2) the release or covenant completely or substantially terminates the

dispute between the plaintiff or claimant and the person who was claimed

to be liable; and

(3) such release or covenant is provided prior to entry of judgment.

Uniformity of interpretation. This title shall be so

interpreted and construed as to effectuate its general purpose to make

uniform the law of those states which enact it.

Inconsistent laws repealed. All acts or parts of acts

inconsistent with this title are hereby repealed; but nothing in this

title shall be construed as repealing any of the provisions of the civil

practice law and rules or the partnership law.

When written agreement or other instrument cannot be changed

by oral executory agreement, or discharged or terminated by oral

executory agreement or oral consent or by oral notice. 1. A written

agreement or other written instrument which contains a provision to the

effect that it cannot be changed orally, cannot be changed by an

executory agreement unless such executory agreement is in writing and

signed by the party against whom enforcement of the change is sought or

by his agent.

2. A written agreement or other written instrument which contains a

provision to the effect that it cannot be terminated orally, cannot be

discharged by an executory agreement unless such executory agreement is

in writing and signed by the party against whom enforcement of the

discharge is sought, or by his agent, and cannot be terminated by mutual

consent unless such termination is effected by an executed accord and

satisfaction other than the substitution of one executory contract for

another, or is evidenced by a writing signed by the party against whom

it is sought to enforce the termination, or by his agent.

3. a. A discharge or partial discharge of obligations under a written

agreement or other written instrument is a change of the agreement or

instrument for the purpose of subdivision one of this section and is not

a discharge or termination for the purpose of subdivision two, unless

all executory obligations under the agreement or instrument are

discharged or terminated.

b. A discharge or termination of all executory obligations under a

written agreement or other written instrument is a discharge or

termination for the purpose of subdivision two even though accrued

obligations remaining unperformed at the date of the discharge or

termination are not affected by it.

c. If a written agreement or other written instrument containing a

provision that it cannot be terminated orally also provides for

termination or discharge on notice by one or either party, both

subdivision two and subdivision four of this section apply whether or

not the agreement or other instrument states specifically that the

notice must be in writing.

4. If a written agreement or other written instrument contains a

provision for termination or discharge on written notice by one or

either party, the requirement that such notice be in writing cannot be

waived except by a writing signed by the party against whom enforcement

of the waiver is sought or by his agent.

5. If executed by an agent, any agreement, evidence of termination,

notice of termination or waiver, required by this section to be in

writing, which affects or relates to real property or an interest

therein as defined in section 5-101 in any manner stated in subdivisions

one or two of section 5-703 of this chapter shall be void unless such

agent was thereunto authorized in writing.

6. As used in this section the term "agreement" includes promise and

undertaking.

Release in writing without consideration or seal. A written

instrument which purports to be a total or partial release of all

claims, debts, demands or obligations, or a total or partial release of

any particular claim, debt, demand or obligation, or a release or

discharge in whole or in part of a mortgage, lien, security interest or

charge upon personal or real property, shall not be invalid because of

the absence of consideration or of a seal.

Forfeiture and cancellation of oil, gas or mineral land

leases. 1. When any oil, gas or mineral land lease given on land

situated in any county of New York state and recorded therein becomes

forfeited, terminates or expires by its own terms, the lessee, or where

the lessee has assigned its interest, the assignee, within thirty days

after the date of the forfeiture, termination or expiration, shall

provide to the current owner of the land which is subject to the lease,

without cost to such owner, a document in recordable form cancelling the

lease as of record in the county where the leased land is situated.

2. If any lessee, or its assignee fails to cancel a lease, as provided

for in subdivision one of this section, the current owner of the land

which is subject to the lease may:

(a) serve notice upon the lessee, and if actual or record notice of

their identity exists, to its assignee, that such lease be cancelled as

of record, and stating that if such release is not executed within

thirty days of the service of such notice, the lease will be terminated

and no longer of any effect. Such notice shall also state;

(i) the names and addresses of the lessor and lessee if contained in

the lease;

(ii) the name and address of the person giving notice and a statement

as to his interest;

(iii) the state, county and city or town where the leased premises is

located along with the location and a general description of the

property as contained in the lease;

(iv) if located in a unit, the name or description of the unit if

known;

(v) if there is a well on the leased land, the name or number of the

well if known;

(vi) the date of the execution of the lease; and

(vii) the date of termination of the lease and the basis of such

termination.

(b) service of such notice demanding a release shall be effected

either personally, by certified mail to the lessee's, and where the

lease has been assigned, the assignee's, last known business address,

or, if service cannot be made with due diligence by the prior two

methods, by publication once a week for three weeks in a newspaper of

general circulation in the county where the leased land is situated;

(c) If the lessee or its assignee claims that the lease is still in

full force and effect, either of these parties shall, within thirty days

of the service of such notice of demand to cancel the lease, file an

affidavit with the recording offices of the county wherein the land is

situated. Such affidavit shall state that the lease is in full force and

effect and a copy of such affidavit shall be delivered to the person

serving the demand within ten days of the filing of the affidavit;

(d) If such affidavit is not filed within the required time, the

current landowner may file a copy of the original notice to the lessee

or assignee and an affidavit of service thereof with the recording

officer of the county in which the leased land is situated, and by such

filing the lease shall be cancelled and of no further effect.

4. For purposes of this section, the term "mineral" shall not include

salt, as defined by subdivision eighteen of section 23-0101 of the

environmental conservation law.

5. For the purposes of this section, where the landowner is not the

owner of the oil, gas or mineral rights, the reference to "landowner"

shall be deemed to mean the owner of such oil, gas or mineral rights.

6. This section shall apply to all leases entered into before, on or

after the effective date of this section.

Executory accord. 1. Executory accord as used in this

section means an agreement embodying a promise express or implied to

accept at some future time a stipulated performance in satisfaction or

discharge in whole or in part of any present claim, cause of action,

contract, obligation, or lease, or any mortgage or other security

interest in personal or real property, and a promise express or implied

to render such performance in satisfaction or in discharge of such

claim, cause of action, contract, obligation, lease, mortgage or

security interest.

2. An executory accord shall not be denied effect as a defense or as

the basis of an action or counterclaim by reason of the fact that the

satisfaction or discharge of the claim, cause of action, contract,

obligation, lease, mortgage or other security interest which is the

subject of the accord was to occur at a time after the making of the

accord, provided the promise of the party against whom it is sought to

enforce the accord is in writing and signed by such party or by his

agent. If executed by an agent, any promise required by this section to

be in writing which affects or relates to real property or an interest

therein as defined in section 5-101 in any manner stated in subdivisions

one or two of section 5-703 of this chapter shall be void unless such

agent was thereunto authorized in writing.

3. If an executory accord is not performed according to its terms by

one party, the other party shall be entitled either to assert his rights

under the claim, cause of action, contract, obligation, lease, mortgage

or other security interest which is the subject of the accord, or to

assert his right under the accord.

Offer of accord followed by tender. 1. An offer in writing,

signed by the offeror or by his agent, to accept a performance therein

designated in satisfaction or discharge in whole or in part of any

claim, cause of action, contract, obligation, or lease, or any mortgage

or other security interest in personal or real property, followed by

tender of such performance by the offeree or by his agent before

revocation of the offer, shall not be denied effect as a defense or as

the basis of an action or counterclaim by reason of the fact that such

tender was not accepted by the offeror or by his agent.

2. If executed by an agent, any offer required by this section to be

in writing which affects or relates to real property or an interest

therein as defined in section 5-101 in any manner stated in subdivisions

one or two of section 5-703 of this chapter shall be void unless such

agent was thereunto authorized in writing.

Surety not discharged by failure or refusal by creditor to

sue principal debtor. Unless otherwise agreed between the parties in

writing, the failure or refusal by a creditor, after a demand by a

person bound as surety, to bring an action against a principal debtor

upon a contract hereafter made or an obligation hereafter created for

the payment of money or the performance of any act shall not discharge

such surety.

Surety disclosure. 1. As used in this section:

a. "Consumer" means a natural person.

b. "Consumer credit transaction" or "transaction" means a loan or sale

pursuant to which credit is extended to a consumer primarily for

personal, family, or household purposes. The term does not include

transactions pursuant to a consumer credit account.

c. "Consumer credit account" means an account established pursuant to

an agreement under which the creditor may permit the consumer to make

purchases or obtain loans, for personal, family or household purposes,

from time to time, directly from the creditor or indirectly by use of a

credit card, check, or other device as the agreement may provide.

d. "Creditor" means a person, partnership, corporation, association,

or other entity who, in the ordinary course of business, regularly

enters into or acquires evidences of, consumer credit transactions or

extends credit pursuant to consumer credit accounts.

e. "Co-signer" means a natural person who (i) in the case of a

consumer credit transaction becomes obligated on the transaction as a

co-signer, co-maker, guarantor, endorser or surety, but who does not

receive the property, services, or money that is the subject of the

transaction. The term does not include a seller, holder or lender who

becomes obligated to an assignee of such party's rights; or (ii) in the

case of a consumer credit account becomes obligated under the agreement

as a co-signer, co-maker, guarantor, endorser or surety with respect

either to all purchases and loans, or a specified maximum dollar amount

of purchases and loans that will be obtained from time to time pursuant

to the agreement whether or not it is contemplated that the co-signer

may receive any of the property, services or money to be obtained. The

term does not include a seller, holder or lender who becomes obligated

to an assignee of such party's rights or a joint applicant for credit

who is intended to be primarily liable under the agreement.

2. The creditor shall:

a. before a co-signer becomes obligated on a consumer credit

transaction, deliver to the co-signer a completed copy of each note,

contract, or other writing evidencing the obligation of the consumer or

of the co-signer on the transaction, and a written notice that

identifies the debt the co-signer may have to pay and reasonably informs

the co-signer of his or her obligation with respect to it;

b. before a co-signer becomes obligated on a consumer credit account,

deliver to the co-signer a completed copy of the agreement establishing

the account, any other writing evidencing the co-signer's obligation and

a written notice that identifies the account the co-signer may have to

pay and reasonably informs the co-signer of his or her obligation with

respect to it.

If the creditor does not comply with the provisions of this section,

the co-signer shall not be obligated as a guarantor of payment as

described in subdivision one of section 3-416 of the uniform commercial

code.

3. The notice must be in at least ten point type and may be on a

separate sheet, attached to a guarantee or similar instrument, or part

of the note, contract, or other writing evidencing the consumer credit

transaction, or agreement establishing the consumer credit account. A

separately signed written acknowledgment of receipt in substantially the

form below is prima facie proof of such receipt in any action by or

against the co-signer. A notice substantially similar to the following

complies with this section:

(a) as to a consumer credit transaction:

NOTICE

You agree to pay the debt identified below although you may not

personally receive any property, services, or money. You may be sued for

payment although the person who receives the property, services, or

money is able to pay. You should know that the Total of Payments listed

below does not include finance charges resulting from delinquency, late

charges, repossession or foreclosure costs, court costs or attorney's

fees, or other charges that may be stated in the note or contract. You

will also have to pay some or all of these costs and charges if the note

or contract, the payment of which you are guaranteeing, requires the

borrower to pay such costs and charges. If this debt is ever in default,

that fact may become a part of your credit record. This notice is not

the note, contract, or other writing that obligates you to pay the debt.

Read that writing for the exact terms of your obligation.

IDENTIFICATION OF DEBT(S) YOU MAY HAVE TO PAY

________________________________________________________________________

(Name of Debtor)

________________________________________________________________________

(Name of Creditor)

________________________________________________________________________

(Date)

_________________________________ $ ____________________________________

(Kind of Debt) (Total of Payments)

I have been given a completed copy of this notice and of each writing

that obligates me or the Debtor on this debt.

_________________________________ _____________________________________

(Date) (Signed)

(b) as to a consumer credit account:

NOTICE

You agree to pay the debts incurred from time to time on the account

identified below although you may not personally receive any property,

services, or money. You may be sued for payment although the person

opening the account is able to pay. You should know that the Limit of

Liability listed below does not include court costs or attorney's fees,

or other costs or charges that may be stated in the agreement. You will

also have to pay some or all of these costs and charges if the agreement

for the consumer credit account, payment of which you are guaranteeing,

requires the borrower to pay such costs and charges. If any debt

incurred on the account is ever in default, that fact may become a part

of your credit record. This notice is not the agreement, or other

writing that obligates you to pay. Read that writing for the exact terms

of your obligations and of your rights to limit or end your obligations.

IDENTIFICATION OF ACCOUNT(S) YOU MAY HAVE TO PAY

________________________________________________________________________

(Name of Debtor)

________________________________________________________________________

(Name of Creditor)

________________________________________________________________________

(Date)

_________________________________ $ ____________________________________

(Kind of Account) (Limit of Liability)

I have been given a completed copy of this notice and of each writing

that obligates me or the Debtor on this account.

_________________________________ _____________________________________

(Date) (Signed)

Acknowledgment or new promise must be in writing. An

acknowledgment or promise contained in a writing signed by the party to

be charged thereby is the only competent evidence of a new or continuing

contract whereby to take an action out of the operation of the

provisions of limitations of time for commencing actions under the civil

practice law and rules other than an action for the recovery of real

property. This section does not alter the effect of a payment of

principal or interest.

Agreements waiving the statute of limitation. 1. A promise

to waive, to extend, or not to plead the statute of limitation

applicable to an action arising out of a contract express or implied in

fact or in law, if made after the accrual of the cause of action and

made, either with or without consideration, in a writing signed by the

promisor or his agent is effective, according to its terms, to prevent

interposition of the defense of the statute of limitation in an action

or proceeding commenced within the time that would be applicable if the

cause of action had arisen at the date of the promise, or within such

shorter time as may be provided in the promise.

2. A promise to waive, to extend, or not to plead the statute of

limitation may be enforced as provided in this section by the person to

whom the promise is made or for whose benefit it is expressed to be made

or by any person who, after the making of the promise, succeeds or is

subrogated to the interest of either of them.

3. A promise to waive, to extend, or not to plead the statute of

limitation has no effect to extend the time limited by statute for

commencement of an action or proceeding for any greater time or in any

other manner than that provided in this section, or unless made as

provided in this section.

4. This section

a. does not change the requirements or the effect with respect to the

statute of limitation, of an acknowledgment or promise to pay, or a

payment or part payment of principal or interest, or a stipulation made

in an action or proceeding;

b. does not affect the power of the court to find that by reason of

conduct of the party to be charged it is inequitable to permit him to

interpose the defense of the statute of limitation; and

c. does not apply in any respect to a cause of action to foreclose a

mortgage of real property or a mortgage of a lease of real property, or

to a cause of action to recover a judgment affecting the title to or the

possession, use or enjoyment of real property, or a promise or waiver

with respect to any statute of limitation applicable thereto.

Promises and waivers affecting the time limited for action

to foreclose a mortgage. 1. A waiver of the expiration of the time

limited for commencement of an action to foreclose a mortgage of real

property or a mortgage of a lease of real property, or a waiver of the

time that has expired, or a promise not to plead the expiration of the

time limited, or not to plead the time that has expired, or a promise to

pay the mortgage debt, if made after the accrual of a right of action to

foreclose the mortgage and made, either with or without consideration,

by the express terms of a writing signed by the party to be charged is

effective, subject to any conditions expressed in the writing, to make

the time limited for commencement of the action run from the date of the

waiver or promise. If the waiver or promise specifies a shorter period

of limitation than that otherwise applicable, the time limited shall be

the period specified.

2. a. A statement by a grantee of real property or assignee of a lease

of real property, effective under section 5-705 of this chapter as an

assumption of or agreement to pay an indebtedness or other sum secured

by a mortgage of such property or lease has also, to the extent of the

amount specified therein, the same effect as provided in this section

with respect to a waiver or promise described in subdivision one, unless

it contains language disclaiming an intention to affect the statute of

limitation.

b. A recital, in an instrument in which real property is conveyed or a

lease is assigned, that the conveyance or assignment is made subject to

a mortgage, or provision to that effect in a contract for purchase of

real property or purchase of a lease, or an agreement or instrument by

which another encumbrance or interest is subordinated to the lien of a

mortgage, does not have the effect provided in this section with respect

to a waiver or promise described in subdivision one.

3. A waiver or promise made as provided in this section is effective

a. against (1) the person who made it, to the extent of any interest

held by him at the date thereof and (2) any person subsequently

acquiring from him any such interest, without giving value or with

actual notice of the making of the waiver or promise, to the extent of

the interest so acquired; and

b. in favor of (1) the mortgagee or his assignee, (2) any other person

to whom or for whose benefit it is expressed to be made, and (3) any

person who, after the making of the waiver or promise, succeeds or is

subrogated to the interest of either of them in the mortgage or

otherwise acquires an interest in the enforcement of the mortgage.

4. An acknowledgment, waiver, promise or agreement, express or implied

in fact or in law, shall not, in form or effect, postpone, cancel,

reset, toll, revive or otherwise extend the time limited for

commencement of an action to foreclose a mortgage for any greater time

or in any other manner than that provided in this section, unless it is

made as provided in this section.

5. This section does not change the requirements or the effect with

respect to the accrual of a cause of action, nor the time limited for

commencement of an action based upon either:

a. a payment or part payment of the principal or interest secured by

the mortgage, or

b. a stipulation made in an action or proceeding.

6. The term "real property" as used in this section is co-extensive in

meaning with lands, tenements and hereditaments.

Effect of part payment on time limited for foreclosure of a

mortgage. 1. A payment on account of a mortgage indebtedness, or

instalment thereof or interest thereon, which is effective to revive an

action to recover such indebtedness, instalment or interest or to extend

the time limited for such action, is also effective, between persons

described in subdivision two of this section, to make the time limited

for commencement of an action to foreclose the mortgage run from the

date of payment, unless the payment is accompanied by written disclaimer

of intention to affect the time limited for foreclosure of the mortgage.

2. A payment on account of the indebtedness secured by a mortgage of

real property as defined in section 17-105, or a mortgage of a lease of

real property, or on account of an instalment thereof or interest

thereon, is effective as provided in this section:

a. as against (1) the person who made it, to the extent of any

interest held by him at the date thereof, and (2) any person

subsequently acquiring from him any such interest, without giving value

or with actual notice of the making of the payment, to the extent of the

interest so acquired; and

b. in favor of (1) the mortgagee or his assignee, and (2) any person

who, after the date of the payment, succeeds or is subrogated to the

interest of either of them in the mortgage or otherwise acquires an

interest in the enforcement of the mortgage.

If the payment is made before expiration of the time limited for the

commencement of the action, it is also effective against any subsequent

purchaser of the interest of the person who made the payment, to the

extent of the interest that the person who made the payment had at the

time thereof.

3. No payment described in subdivision one of this section has any

greater effect, with respect to the time limited for foreclosure of the

mortgage, than that provided in this section.

Legislative purpose. The legislature hereby finds that

alpine or downhill skiing is both a major recreational sport and a major

industry within the state of New York. The legislature further finds:

(1) that downhill skiing, like many other sports, contains inherent

risks including, but not limited to, the risks of personal injury or

death or property damage, which may be caused by variations in terrain

or weather conditions; surface or subsurface snow, ice, bare spots or

areas of thin cover, moguls, ruts, bumps; other persons using the

facilities; and rocks, forest growth, debris, branches, trees, roots,

stumps or other natural objects or man-made objects that are incidental

to the provision or maintenance of a ski facility in New York state; (2)

that downhill skiing, without established rules of conduct and care, may

result in injuries to persons and property; (3) that it is appropriate,

as well as in the public interest, to take such steps as are necessary

to help reduce the risk of injury to downhill skiers from undue,

unnecessary and unreasonable hazards; and (4) that it is also necessary

and appropriate that skiers become apprised of, and understand, the

risks inherent in the sport of skiing so that they may make an informed

decision of whether or not to participate in skiing notwithstanding the

risks. Therefore, the purpose and intent of this article is to

establish a code of conduct for downhill skiers and ski area operators

to minimize the risk of injury to persons engaged in the sport of

downhill skiing and to promote safety in the downhill ski industry.

Definitions. The following words and phrases when used in

this article shall have, unless the context clearly indicates otherwise,

the meanings given to them in this section:

1. "Lift ticket" means any item issued by a ski area operator to any

skier that is intended to be affixed to the outerwear of the skier, or

otherwise displayed by a skier, to signify lawful entry upon and use of

the passenger tramways or ski slopes or trails maintained by the ski

area operator.

2. "Passenger tramway" means a mechanical device intended to transport

skiers for the purpose of providing access to ski slopes and trails as

defined by the commissioner of labor pursuant to section two hundred

two-c or eight hundred sixty-seven of the labor law.

3. "Passenger" means a person in or on or being transported by a

tramway.

4. "Ski area" means all ski slopes, ski trails and passenger tramways

administered as a single enterprise within this state.

5. "Ski area operator" means a person, firm or corporation, and its

agents and employees, having operational and administrative

responsibility for any ski area, including any agency of the state, any

political subdivision thereof, and any other governmental agency or

instrumentality.

6. "Skier" means any person wearing a ski or skis and any person

actually on a ski slope or trail located at a ski area, for the purpose

of skiing.

7. "Ski slopes and trails" mean those areas designated by the ski area

operator for skiing.

Duties of ski area operators. Every ski area operator shall

have the following duties:

1. To equip all trail maintenance vehicles with such warning

implements or devices as shall be specified by the commissioner of labor

pursuant to section eight hundred sixty-seven of the labor law. Such

implements or devices shall be present and operating whenever the

vehicle is within the borders of any slope or trail.

2. To post in a location likely to be seen by all skiers signs of such

size and color as will enable skiers to have knowledge of their

responsibilities under this article.

3. To hold employee training sessions at least once before the

beginning of each season, the contents of which shall be specified by

the commissioner of labor upon the recommendation of the passenger

tramway advisory council, as follows:

a. for operators of trail maintenance equipment concerning the safe

operation of such vehicles in the ski area;

b. for passenger tramway attendants concerning the safe operation of

passenger tramways;

c. for ski personnel charged with the responsibility of evacuating

passengers from passenger tramways concerning proper evacuation

techniques; and

d. for all other personnel charged with on-mountain maintenance,

inspection or patrol duties as to methods to be used for summoning aid

in emergencies.

4. To conspicuously mark with such implements as may be specified by

the commissioner of labor pursuant to section eight hundred sixty-seven

of the labor law, the location of such man-made obstructions as, but not

limited to, snow-making equipment, electrical outlets, timing equipment,

stanchions, pipes, or storage areas that are within the borders of the

designated slope or trail, when the top of such obstruction is less than

six feet above snow level.

5. To maintain in a central location at the ski area an information

board or boards showing at a minimum the following:

a. the location of tramways, slopes or trails;

b. the status of each trail--open or closed;

c. the location of emergency communications or medical equipment and

sites designated by the ski area operator for receipt of notice from

skiers pursuant to subdivision thirteen of this section;

d. the relative degree of difficulty of each slope or trail (at a

minimum easier, more difficult, most difficult); and

e. the general surface condition of each slope and trail as most

recently recorded in the log required to be maintained by subdivision

six of this section.

6. To inspect each open slope or trail that is open to the public

within the ski area at least twice a day, and enter the results of such

inspection in a log which shall be available for examination by the

commissioner of labor. The log shall note:

a. the general surface conditions of such trail at the time of

inspection (powder, packed powder, frozen granular, icy patches or icy

surface, bare spots or other surface conditions);

b. the time of inspection and the name of the inspector;

c. the existence of any obstacles or hazards other than those which

may arise from:

(i) skier use;

(ii) weather variations including freezing and thawing; or

(iii) mechanical failure of snow grooming or emergency equipment which

may position such equipment within the borders of a slope or trail.

7. To develop and maintain a written policy consistent with the

regulations of the commissioner of labor upon the advice of the

passenger tramway advisory council for situations involving the reckless

conduct of skiers, which shall include, but not be limited to:

a. a definition of reckless conduct; and

b. procedures for approaching and warning skiers of reckless conduct

and procedures for dealing with such skiers which may include the

revocation of the lift tickets of such skiers.

8. To designate personnel to implement the ski area's policy on

reckless conduct.

9. To report to the commissioner of labor by telephone within

twenty-four hours any fatality or injury resulting in a fatality at the

ski area.

10. To conspicuously post and maintain such ski area signage,

including appropriate signage at the top of affected ski slopes and

trails, notice of maintenance activities and for passenger tramways as

shall be specified by the commissioner of labor pursuant to section two

hundred two-c or eight hundred sixty-seven of the labor law.

11. To post in a conspicuous location at each lift line a sign, which

shall indicate the degree of difficulty of trails served by that lift

with signs as shall be specified by the commissioner of labor pursuant

to section two hundred two-c or eight hundred sixty-seven of the labor

law.

12. To ensure that lift towers located within the boundaries of any

ski slope or trail are padded or otherwise protected and that no

protruding metal or wood objects, such as ladders or steps, shall be

installed on the uphill or side portion of lift towers within the

borders of a ski slope or trail, unless such objects are below the snow

line, at least six feet above it, or padded or otherwise protected with

such devices as, but not limited to, the following:

a. commercially available tower padding;

b. air or foam filled bags;

c. hay bales encased in a waterproof cover; or

d. soft rope nets properly spaced from the tower.

13. To, within a reasonable amount of time after the inspection

required by subdivision six of this section, conspicuously mark with

such implements as may be specified by the commissioner of labor

pursuant to section eight hundred sixty-seven of the labor law and to

provide sufficient warning to skiers by such marking or remove such

obstacles or hazards which are located within the boundaries of any ski

slope or trail and were noted pursuant to paragraph c of subdivision six

of this section; and to also conspicuously mark with such implements and

provide such warning or remove such obstacles or hazards within a

reasonable amount of time after receipt of notice by the ski area

operator from any skier as to the presence of such obstacles or hazards

when notice is given at sites designated by the ski area operator for

such receipt and the locations of which are made known to skiers

pursuant to paragraph c of subdivision five of this section.

14. To have present at all times when skiing activity is in progress,

individuals properly and appropriately trained for the safe operation of

on-slope vehicles; trail maintenance equipment; tramways; tramway

evacuations; implementation of the reckless skier policy; first aid and

outdoor rescue; and, to have present according to a schedule posted for

access by skiers, by the ski area operator, personnel appropriately

trained in the instruction of skiers and passengers in methods of risk

reduction while using ski slopes and passenger tramways and the

instruction of skiers with respect to the risks inherent in the sport.

Duties of passengers. All passengers shall have the

following duties:

1. To familiarize themselves with the safe use of any tramway prior to

its use;

2. To remain in the tramway if the operation of a passenger tramway,

as defined pursuant to section two hundred two-c of the labor law, is

interrupted for any reason, until instructions or aid are provided by

the ski area operator;

3. To board or disembark from passenger tramways only at points or

areas designated by the ski area operator;

4. Not to eject any objects or material from a passenger tramway;

5. To use restraint devices in accordance with posted instructions;

6. To wear retention straps or other devices to prevent runaway skis;

7. Not to interfere with the operation of a passenger tramway;

8. Not to place or caused to be placed on the uphill track of a

surface lift any object which may interfere with its normal operation;

and

9. Not to wear loose scarves, clothing or accessories or expose long

hair which may become entangled with any part of the device.

Duties of skiers. All skiers shall have the following

duties:

1. Not to ski in any area not designated for skiing;

2. Not to ski beyond their limits or ability to overcome variations in

slope, trail configuration and surface or subsurface conditions which

may be caused or altered by weather, slope or trail maintenance work by

the ski area operator, or skier use;

3. To abide by the directions of the ski area operator;

4. To remain in constant control of speed and course at all times

while skiing so as to avoid contact with plainly visible or clearly

marked obstacles and with other skiers and passengers on surface

operating tramways;

5. To familiarize themselves with posted information before skiing any

slope or trail, including all information posted pursuant to subdivision

five of section 18-103 of this article;

6. Not to cross the uphill track of any surface lift, except at points

clearly designated by the ski area operator;

7. Not to ski on a slope or trail or portion thereof that has been

designated as "closed" by the ski area operator;

8. Not to leave the scene of any accident resulting in personal injury

to another party until such times as the ski area operator arrives,

except for the purpose of summoning aid;

9. Not to overtake another skier in such a manner as to cause contact

with the skier being overtaken and to yield the right-of-way to the

skier being overtaken;

10. Not to willfully stop on any slope or trail where such stopping is

likely to cause a collision with other skiers or vehicles;

11. To yield to other skiers when entering a trail or starting

downhill;

12. To wear retention straps or other devices to prevent runaway skis;

13. To report any personal injury to the ski area operator before

leaving the ski area; and

14. Not to willfully remove, deface, alter or otherwise damage

signage, warning devices or implements, or other safety devices placed

and maintained by the ski area operator pursuant to the requirements of

section 18-103 of this article.

Duties of skiers and ski area operators with respect to

inherent risks. It is recognized that skiing is a voluntary activity

that may be hazardous regardless of all feasible safety measures that

can be undertaken by ski area operators. Accordingly:

1. Ski area operators shall have the following additional duties:

a. To post at every point of sale or distribution of lift tickets,

whether on or off the premises of the ski area operator, a conspicuous

"Warning to Skiers" relative to the inherent risks of skiing in

accordance with regulations promulgated by the commissioner of labor

pursuant to subdivision four of section eight hundred sixty-seven of the

labor law, and to imprint upon all lift tickets sold or distributed,

such text and graphics as the commissioner of labor shall similarly

specify, which shall conspicuously direct the attention of all skiers to

the required "Warning to Skiers";

b. To post at every point of sale or distribution of lift tickets at a

ski area notice to skiers and passengers that this article prescribes

certain duties for skiers, passengers and ski area operators, and to

make copies of this article in its entirety available without charge

upon request to skiers and passengers in a central location at the ski

area;

c. To make available at reasonable fees, as required by subdivision

thirteen of section 18-103 of this article, instruction and education

for skiers relative to the risks inherent in the sport and the duties

prescribed for skiers by this article, and to conspicuously post notice

of the times and places of availability of such instruction and

education in locations where it is likely to be seen by skiers; and

d. To post notice to skiers of the right to a refund to the purchaser

in the form and amount paid in the initial sale of any lift ticket

returned to the ski area operator, intact and unused, upon declaration

by such purchaser that he or she is unprepared or unwilling to ski due

to the risks inherent in the sport or the duties imposed upon him or her

by this article.

2. Skiers shall have the following additional duties to enable them to

make informed decisions as to the advisability of their participation in

the sport:

a. To seek out, read, review and understand, in advance of skiing, a

"Warning to Skiers" as shall be defined pursuant to subdivision five of

section eight hundred sixty-seven of the labor law, which shall be

displayed and provided pursuant to paragraph a of subdivision one of

this section; and

b. To obtain such education in the sport of skiing as the individual

skier shall deem appropriate to his or her level of ability, including

the familiarization with skills and duties necessary to reduce the risk

of injury in such sport.

Construction. Unless otherwise specifically provided in this

article, the duties of skiers, passengers, and ski area operators shall

be governed by common law.

Severability. If any provision of this article or the

application thereof to any person or circumstances is held invalid, such

invalidity shall not affect other provisions or applications of this

article that can be given effect without the invalid provision or

application, and to this end the provisions of this article are declared

to be severable.

Specifications of liability for employers and employees. 1.

As used in this section:

(a) "Person" means any individual, firm, company, partnership, joint

venture, joint-stock association, corporation, association, trust or

other legal entity.

(b) The words "employer", "employee", "employment", "compensation",

"injury" and "death" shall have the same meaning as set forth in section

two of the workers' compensation law.

(c) The terms "indemnity" and "contribution" shall not include a

claim or cause of action for contribution or indemnification based upon

a provision in a written contract entered into prior to the accident or

occurrence by which the employer had expressly agreed to contribution to

or indemnification of the claimant or person asserting the cause of

action for the type of loss suffered.

2. The liability of an employer and his or her employees set forth in

sections ten, eleven and twenty-nine of the workers' compensation law

shall be exclusive and in place of any other liability whatsoever, to

employees, their personal representatives, spouses, parents, dependents,

distributees or any person otherwise entitled to recover damages,

contribution or indemnity, at common law or otherwise, on account of

injury or death or liability arising therefrom, except that if an

employer fails to secure the payment of compensation for its injured

employees and their dependents as provided in section fifty of the

workers' compensation law, an injured employee, or his or her legal

representative in case death results from the injury, may, at his or her

option, elect to claim compensation under the workers' compensation law,

or to maintain an action in the courts for damages against the employer

on account of such injury; and in such an action it shall not be

necessary to plead or prove freedom from contributory negligence nor may

the defendant plead as a defense that the injury was caused by the

negligence of a fellow servant nor that the employee assumed the risk of

his or her employment, nor that the injury was due to the contributory

negligence of the employee.

Short title. This article shall be known and may be cited as

the "safety in agricultural tourism act".

Definitions. For purposes of this article:

1. "Agricultural tourism" means activities, including the production

of maple sap and pure maple products made therefrom, farm and winery

tours, equine activities both outdoors and indoors but excluding equine

therapy, u-pick Christmas trees, hiking, hunting and other forms of

outdoor recreation offered to farm visitors, conducted by a farmer

on-farm for the enjoyment and/or education of the public, which

primarily promote the sale, marketing, production, harvesting or use of

the products of the farm and enhance the public's understanding and

awareness of farming and farm life.

2. "Equine therapy" shall include equine activities for children or

adults with physical or mental disabilities, post-traumatic stress

disorder or other condition for which equine therapy is sought for

therapeutic purposes or treatment.

Responsibilities of operators and visitors of agricultural

tourism areas. 1. Operators of agricultural tourism areas shall have the

following additional responsibilities:

a. To post and maintain way finding signage to delineate the paths,

areas and buildings that are open to the public;

b. To adequately train employees who are actively involved in

agricultural tourism activities;

c. To post at every point of sale or distribution of tickets, whether

on or off the premises of the agricultural tourism area, a conspicuous

"Warning to Visitors" relative to the inherent risks of participating in

activities on working farms and to provide written information having

such text and graphics as the commissioner of agriculture and markets

shall specify, which shall conspicuously direct the attention of all

visitors to the required "Warning to Visitors";

d. To post at every point of sale or distribution of tickets at an

agricultural tourism area a conspicuous notice to visitors that pursuant

to this article such visitors have a responsibility to exercise

reasonable care regarding the disclosed risks of the agricultural

activity, and reasonably comply with posted way finding signs,

reasonably remain in areas designated for the agricultural tourism

activity, reasonably follow any and all written and conspicuously posted

rules of conduct provided by such operator to visitors or verbal or

other communication for persons with disabilities, and not to willfully

remove, deface, alter or otherwise damage signage, warning devices or

implements, or other safety devices;

e. To take reasonable care to prevent reasonably foreseeable risks to

visitors, consistent with the responsibility of a landowner to keep his

or her premises reasonably safe for intended and reasonably foreseeable

uses and users, and to post conspicuous notice to visitors of the right

to a refund to the purchaser in the amount paid in the initial sale of

any tickets returned to the operator of the agricultural tourism area,

intact and unused, upon declaration by such purchaser that he or she

believes that he or she is unprepared or that he or she is unwilling to

participate in the agricultural tourism activity due to the risks

inherent in the activities or the duties imposed upon him or her by this

section; and

f. Owners and operators of agricultural tourism areas shall not be

liable for an injury to or death of a visitor if the provisions of this

subdivision are complied with.

2. Visitors to agricultural tourism areas have the responsibility to

exercise reasonable care regarding the disclosed risks of the

agricultural activity and:

a. to reasonably comply with posted way finding signs and reasonably

remain in areas designated for the agricultural tourism activity;

b. to reasonably follow any and all written information or

conspicuously posted rules of conduct provided by such operator to

visitors, or verbal or other form of communication of rules of conduct

where needed for effective communication for people with disabilities;

and

c. not to willfully remove, deface, alter or otherwise damage signage,

warning devices or implements or other safety devices.

Definitions. As used in this article the following terms

shall have the following meanings:

1. "LIBOR" shall mean, for purposes of the application of this article

to any particular contract, security or instrument, U.S. dollar LIBOR

(formerly known as the London interbank offered rate) as administered by

ICE Benchmark Administration Limited (or any predecessor or successor

thereof), or any tenor thereof, as applicable, that is used in making

any calculation or determination thereunder.

2. "LIBOR discontinuance event" shall mean the earliest to occur of

any of the following:

a. a public statement or publication of information by or on behalf of

the administrator of LIBOR announcing that such administrator has ceased

or will cease to provide LIBOR, permanently or indefinitely, provided

that, at the time of the statement or publication, there is no successor

administrator that will continue to provide LIBOR;

b. a public statement or publication of information by the regulatory

supervisor for the administrator of LIBOR, the United States Federal

Reserve System, an insolvency official with jurisdiction over the

administrator for LIBOR, a resolution authority with jurisdiction over

the administrator for LIBOR or a court or an entity with similar

insolvency or resolution authority over the administrator for LIBOR,

which states that the administrator of LIBOR has ceased or will cease to

provide LIBOR permanently or indefinitely, provided that, at the time of

the statement or publication, there is no successor administrator that

will continue to provide LIBOR; or

c. a public statement or publication of information by the regulatory

supervisor for the administrator of LIBOR announcing that LIBOR is no

longer representative. For purposes of this subdivision two, a public

statement or publication of information that affects one or more tenors

of LIBOR shall not constitute a LIBOR discontinuance event with respect

to any contract, security or instrument that (i) provides for only one

tenor of LIBOR, if such contract, security or instrument requires

interpolation and such tenor can be interpolated from LIBOR tenors that

are not so affected, or (ii) permits a party to choose from more than

one tenor of LIBOR and any of such tenors (A) is not so affected or (B)

if such contract, security or instrument requires interpolation, can be

interpolated from LIBOR tenors that are not so affected.

3. "LIBOR replacement date" shall mean:

a. in the case of a LIBOR discontinuance event described in paragraph

a or b of subdivision two of this section, the later of (i) the date of

the public statement or publication of information referenced therein;

and (ii) the date on which the administrator of LIBOR permanently or

indefinitely ceases to provide LIBOR; and

b. in the case of a LIBOR discontinuance event described in paragraph

c of subdivision two of this section, the date of the public statement

or publication of information referenced therein. For purposes of this

subdivision, a date that affects one or more tenors of LIBOR shall not

constitute a LIBOR replacement date with respect to any contract,

security or instrument that (i) provides for only one tenor of LIBOR, if

such contract, security or instrument requires interpolation and such

tenor can be interpolated from LIBOR tenors that are not so affected, or

(ii) permits a party to choose from more than one tenor of LIBOR and any

of such tenors (A) is not so affected or (B) if such contract, security

or instrument requires interpolation, can be interpolated from LIBOR

tenors that are not so affected.

4. "Fallback provisions" shall mean terms in a contract, security or

instrument that set forth a methodology or procedure for determining a

benchmark replacement, including any terms relating to the date on which

the benchmark replacement becomes effective, without regard to whether a

benchmark replacement can be determined in accordance with such

methodology or procedure.

5. "Benchmark" shall mean an index of interest rates or dividend rates

that is used, in whole or in part, as the basis of or as a reference for

calculating or determining any valuation, payment or other measurement

under or in respect of a contract, security or instrument.

6. "Benchmark replacement" shall mean a benchmark, or an interest rate

or dividend rate (which may or may not be based in whole or in part on a

prior setting of LIBOR), to replace LIBOR or any interest rate or

dividend rate based on LIBOR, whether on a temporary, permanent or

indefinite basis, under or in respect of a contract, security or

instrument.

7. "Recommended benchmark replacement" shall mean, with respect to any

particular type of contract, security or instrument, a benchmark

replacement based on SOFR, which shall include any recommended spread

adjustment and any benchmark replacement conforming changes, that shall

have been selected or recommended by a relevant recommending body with

respect to such type of contract, security or instrument.

8. "Recommended spread adjustment" shall mean a spread adjustment, or

method for calculating or determining such spread adjustment, (which may

be a positive or negative value or zero) that shall have been selected

or recommended by a relevant recommending body for a recommended

benchmark replacement for a particular type of contract, security or

instrument and for a particular term to account for the effects of the

transition or change from LIBOR to a recommended benchmark replacement.

9. "Benchmark replacement conforming changes" shall mean, with respect

to any type of contract, security or instrument, any technical,

administrative or operational changes, alterations or modifications that

are associated with and reasonably necessary to the use, adoption,

calculation or implementation of a recommended benchmark replacement and

that:

a. have been selected or recommended by a relevant recommending body;

and

b. if, in the reasonable judgment of the calculating person, the

benchmark replacement conforming changes selected or recommended

pursuant to paragraph a of this subdivision do not apply to such

contract, security or instrument or are insufficient to permit

administration and calculation of the recommended benchmark replacement,

then benchmark replacement conforming changes shall include such other

changes, alterations or modifications that, in the reasonable judgment

of the calculating person:

(i) are necessary to permit administration and calculation of the

recommended benchmark replacement under or in respect of such contract,

security or instrument in a manner consistent with market practice for

substantially similar contracts, securities or instruments and, to the

extent practicable, the manner in which such contract, security or

instrument was administered immediately prior to the LIBOR replacement

date; and

(ii) would not result in a disposition of such contract, security or

instrument for U.S. federal income tax purposes.

10. "Determining person" shall mean, with respect to any contract,

security or instrument, in the following order of priority:

a. any person specified as a "determining person"; or

b. any person with the authority, right or obligation to:

(i) determine the benchmark replacement that will take effect on the

LIBOR replacement date,

(ii) calculate or determine a valuation, payment or other measurement

based on a benchmark, or

(iii) notify other persons of the occurrence of a LIBOR discontinuance

event, a LIBOR replacement date or a benchmark replacement.

11. "Relevant recommending body" shall mean the Federal Reserve Board,

the Federal Reserve Bank of New York, or the Alternative Reference Rates

Committee, or any successor to any of them.

12. "SOFR" shall mean, with respect to any day, the secured overnight

financing rate published for such day by the Federal Reserve Bank of New

York, as the administrator of the benchmark (or a successor

administrator), on the Federal Reserve Bank of New York's website.

13. "Calculating person" shall mean, with respect to any contract,

security or instrument, any person (which may be the determining person)

responsible for calculating or determining any valuation, payment or

other measurement based on a benchmark.

14. "Contract, security, or instrument" shall include, without

limitation, any contract, agreement, mortgage, deed of trust, lease,

security (whether representing debt or equity, and including any

interest in a corporation, a partnership or a limited liability

company), instrument, or other obligation.

Effect of LIBOR discontinuance on agreements. 1. On the

LIBOR replacement date, the recommended benchmark replacement shall, by

operation of law, be the benchmark replacement for any contract,

security or instrument that uses LIBOR as a benchmark and:

a. contains no fallback provisions; or

b. contains fallback provisions that result in a benchmark

replacement, other than a recommended benchmark replacement, that is

based in any way on any LIBOR value.

2. Following the occurrence of a LIBOR discontinuance event, any

fallback provisions in a contract, security, or instrument that provide

for a benchmark replacement based on or otherwise involving a poll,

survey or inquiries for quotes or information concerning interbank

lending rates or any interest rate or dividend rate based on LIBOR shall

be disregarded as if not included in such contract, security or

instrument and shall be deemed null and void and without any force or

effect.

3. This subdivision shall apply to any contract, security, or

instrument that uses LIBOR as a benchmark and contains fallback

provisions that permit or require the selection of a benchmark

replacement that is:

a. based in any way on any LIBOR value; or

b. the substantive equivalent of paragraph a, b or c of subdivision

one of section 18-402 of this article.

A determining person shall have the authority under this article, but

shall not be required, to select on or after the occurrence of a LIBOR

discontinuance event the recommended benchmark replacement as the

benchmark replacement. Such selection of the recommended benchmark

replacement shall be:

(i) irrevocable;

(ii) made by the earlier of either the LIBOR replacement date, or the

latest date for selecting a benchmark replacement according to such

contract, security, or instrument; and

(iii) used in any determinations of the benchmark under or with

respect to such contract, security or instrument occurring on and after

the LIBOR replacement date.

4. If a recommended benchmark replacement becomes the benchmark

replacement for any contract, security, or instrument pursuant to

subdivision one or subdivision three of this section, then all benchmark

replacement conforming changes that are applicable (in accordance with

the definition of benchmark replacement conforming changes) to such

recommended benchmark replacement shall become an integral part of such

contract, security, or instrument by operation of law.

5. The provisions of this article shall not alter or impair:

a. any written agreement by all requisite parties that,

retrospectively or prospectively, a contract, security, or instrument

shall not be subject to this article without necessarily referring

specifically to this article. For purposes of this subdivision,

"requisite parties" means all parties required to amend the terms and

provisions of a contract, security, or instrument that would otherwise

be altered or affected by this article;

b. any contract, security or instrument that contains fallback

provisions that would result in a benchmark replacement that is not

based on LIBOR, including, but not limited to, the prime rate or the

federal funds rate, except that such contract, security or instrument

shall be subject to subdivision two of this section;

c. any contract, security, or instrument subject to subdivision three

of this section as to which a determining person does not elect to use a

recommended benchmark replacement pursuant to subdivision three of this

section or as to which a determining person elects to use a recommended

benchmark replacement prior to the occurrence of a LIBOR discontinuance

event, except that such contract, security, or instrument shall be

subject to subdivision two of this section; or

d. the application to a recommended benchmark replacement of any cap,

floor, modifier, or spread adjustment to which LIBOR had been subject

pursuant to the terms of a contract, security, or instrument.

6. Notwithstanding the uniform commercial code or any other law of

this state, this title shall apply to all contracts, securities and

instruments, including contracts, with respect to commercial

transactions, and shall not be deemed to be displaced by any other law

of this state.

Continuity of contract and safe harbor. 1. The selection or

use of a recommended benchmark replacement as a benchmark replacement

under or in respect of a contract, security or instrument by operation

of section 18-401 of this article shall constitute:

a. a commercially reasonable replacement for and a commercially

substantial equivalent to LIBOR;

b. a reasonable, comparable or analogous term for LIBOR under or in

respect of such contract, security or instrument;

c. a replacement that is based on a methodology or information that is

similar or comparable to LIBOR; and

d. substantial performance by any person of any right or obligation

relating to or based on LIBOR under or in respect of a contract,

security or instrument.

2. None of: a. a LIBOR discontinuance event or a LIBOR replacement

date, b. the selection or use of a recommended benchmark replacement as

a benchmark replacement; or c. the determination, implementation or

performance of benchmark replacement conforming changes, in each case,

by operation of section 18-401 of this article, shall:

(i) be deemed to impair or affect the right of any person to receive a

payment, or affect the amount or timing of such payment, under any

contract, security, or instrument; or

(ii) have the effect of (A) discharging or excusing performance under

any contract, security or instrument for any reason, claim or defense,

including, but not limited to, any force majeure or other provision in

any contract, security or instrument; (B) giving any person the right to

unilaterally terminate or suspend performance under any contract,

security or instrument; (C) constituting a breach of a contract,

security or instrument; or (D) voiding or nullifying any contract,

security or instrument.

3. No person shall have any liability for damages to any person or be

subject to any claim or request for equitable relief arising out of or

related to the selection or use of a recommended benchmark replacement

or the determination, implementation or performance of benchmark

replacement conforming changes, in each case, by operation of section

18-401 of this article, and such selection or use of the recommended

benchmark replacement or such determination implementation or

performance of benchmark replacement conforming changes shall not give

rise to any claim or cause of action by any person in law or in equity.

4. The selection or use of a recommended benchmark replacement or the

determination, implementation, or performance of benchmark replacement

conforming changes, by operation of section 18-401 of this article,

shall be deemed to:

a. not be an amendment or modification of any contract, security or

instrument; and

b. not prejudice, impair or affect any person's rights, interests or

obligations under or in respect of any contract, security or instrument.

5. Except as provided in either subdivision one or subdivision three

of section 18-401 of this article, the provisions of this article shall

not be interpreted as creating any negative inference or negative

presumption regarding the validity or enforceability of:

a. any benchmark replacement that is not a recommended replacement

benchmark;

b. any spread adjustment, or method for calculating or determining a

spread adjustment, that is not a recommended spread adjustment; or

c. any changes, alterations or modifications to or in respect of a

contract, security or instrument that are not benchmark replacement

conforming changes.

Severability. If any provision of this article or

application thereof to any person or circumstance is held invalid, the

invalidity shall not affect other provisions or applications of this

article that can be given effect without the invalid provision or

application, and to this end the provisions of this article shall be

severable.

Laws repealed. 1. The following sections of the civil rights

law are hereby repealed:

Section sixteen, as added by chapter one hundred fifty-seven of the

laws of nineteen hundred twenty-one;

Section seventeen, as added by chapter eleven of the laws of nineteen

hundred thirty-five.

2. The following section of the conservation law is hereby repealed:

Section three hundred seventy, as added by chapter eight hundred

forty-two of the laws of nineteen hundred fifty-six.

3. The following sections of the debtor and creditor law are hereby

repealed:

Sections two hundred thirty-one, two hundred thirty-two, two hundred

thirty-three, two hundred thirty-four, two hundred thirty-five, two

hundred thirty-six, two hundred thirty-seven, two hundred thirty-eight,

and two hundred thirty-nine, as added by chapter eight hundred

thirty-three of the laws of nineteen hundred twenty-eight;

Section two hundred forty, as amended by chapter three hundred ten of

the laws of nineteen hundred sixty-two;

Section two hundred forty-three, as amended by chapter five hundred

fifty-two of the laws of nineteen hundred sixty-two;

Section two hundred sixty, as added by chapter three hundred

twenty-seven of the laws of nineteen hundred forty-one;

Section two hundred sixty-one, as amended by chapter four hundred five

of the laws of nineteen hundred fifty-three.

4. The following sections of the domestic relations law are hereby

repealed:

Section fifty-one, as last amended by chapter three hundred thirteen

of the laws of nineteen hundred sixty-two;

Sections fifty-three, fifty-four, fifty-five, and fifty-six;

Section fifty-six-a, as added by chapter five hundred eighty of the

laws of nineteen hundred fifty-nine;

Section fifty-seven, as amended by chapter six hundred sixty-nine of

the laws of nineteen hundred thirty-seven;

Section sixty, as amended by chapter thirteen of the laws of nineteen

hundred forty-one;

Section seventy-two;

Section seventy-three, as added by chapter seven hundred ninety-six of

the laws of nineteen hundred thirty-five;

Section seventy-four, as added by chapter one hundred thirty-seven of

the laws of nineteen hundred sixty-one;

Section seventy-four-a, as added by chapter one hundred thirty-six of

the laws of nineteen hundred sixty-one.

5. The following sections of the general business law are hereby

repealed:

Section eighty-nine-b, as added by chapter three hundred thirty-two of

the laws of nineteen hundred forty-nine;

Sections two hundred twenty, two hundred twenty-one, two hundred

twenty-two, two hundred twenty-three, two hundred twenty-four, two

hundred twenty-five, two hundred twenty-six, two hundred twenty-seven,

two hundred twenty-eight, two hundred twenty-nine, two hundred thirty,

two hundred thirty-one, two hundred thirty-two, two hundred

thirty-three, and two hundred thirty-four, as added by chapter four

hundred twenty-two of the laws of nineteen hundred forty-eight;

Section two hundred thirty-five, as added by chapter seven hundred

fifty-seven of the laws of nineteen hundred fifty-four;

Sections three hundred seventy and three hundred seventy-one;

Section three hundred seventy-two, as amended by chapter thirty-nine

of the laws of nineteen hundred forty-one;

Section three hundred seventy-three, as amended by chapter nine

hundred sixty of the laws of nineteen hundred sixty;

Section three hundred seventy-four, as last amended by chapter nine

hundred sixty-eight of the laws of nineteen hundred fifty-seven;