2006 New York Code - Sale Of Monuments And Memorials

 
    §  454.  Sale  of  monuments and memorials. 1. Definitions. As used in
  this section, the following words shall have the following meanings:
    (a) "Consumer" means any natural person who is solicited  to  purchase
  or  who purchases a memorial. The term shall not include a person making
  a purchase for resale.
    (b) "Memorial" means any monument, headstone, footstone, ledger stone,
  marker or plaque designed or intended to be erected or installed  in  or
  on  any  cemetery, grave, mausoleum or other appropriate place of burial
  or memorialization.
    (c) "Seller" means an individual,  firm,  corporation,  not-for-profit
  corporation,  religious  corporation,  municipal  corporation, political
  subdivision, partnership, association, society or joint  stock  company,
  or any agent or employee thereof.
    (d)  "Offer for sale" means any contact by a seller with a consumer of
  which the subject of the sale of a memorial to a  consumer  is  a  part,
  whether  such  contact  be  in  person,  by  telephone,  mail,  or other
  electronic  means,  and  regardless  of  whether  or  not  the  consumer
  initiates such contact.
    (e)  "Sale"  means  the  sale  of  a memorial to or for a consumer for
  actual delivery prior to, or subsequent to, a death.
    (f) "Foundation" means a  poured  concrete  or  other  permanent  base
  intended  to  support the memorial and installed at the gravesite in the
  appropriate location.
    2. Each sale of a memorial shall be evidenced by  a  written  contract
  which shall be signed by all the parties to the contract, which shall be
  dated,   and  which  shall  be  completely  separate  from  a  contract,
  agreement, purchase order or like document reflecting the purchase by  a
  consumer  of  any  other real or personal property or service related to
  the burial, cremation, or other disposition of the remains of a deceased
  person. A full and complete copy of such contract shall be given to  the
  consumer  by  the  seller  at the time of purchase of such memorial, and
  shall be retained by the seller for a period of  at  least  three  years
  from  the  date  of  sale.  Said  contract  shall  contain  at least the
  following:
    (a) the name, address and  telephone  number  of  the  seller  of  the
  memorial;
    (b) the name, address and telephone number of the consumer;
    (c)  the full name of the individual to be memorialized and, if known,
  the date of such individual's death;
    (d) a full description of the memorial, including the material  to  be
  provided,  the  dimensions of the finished memorial, a sketch or drawing
  of the proposed  memorial,  the  wording  of  any  inscription  on  such
  memorial  including  the  approximate  layout thereof, and the method of
  engraving of such inscription;
    (e)  the  approximate  date  when  the  memorial  is  expected  to  be
  completed;
    (f)  the  name  of the cemetery in which the memorial is to be placed,
  together with the location of the plot or grave, if known; and
    (g) a full disclosure of each of  the  following:  the  price  of  the
  memorial;  applicable sales tax, if any; the charge made by the cemetery
  for the foundation; any charges for additional work, provided that  such
  additional  work  is  clearly described in the contract and such charges
  are itemized; the total  price  as  contracted;  and  the  schedule  for
  payment, if any.
    3.  Whenever  there  shall  be  a  violation of the provisions of this
  section, an 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 to issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin and restrain the continuance  of  the
  violation.  If  it  shall appear to the satisfaction of the court or the
  justice that the defendant has violated this section, an injunction  may
  be issued by the 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 eight thousand three  hundred  three  of  the
  civil  practice law and rules and direct restitution. 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.  Whenever
  the court shall determine that a violation of this section has occurred,
  the  court  may impose a civil penalty of up to five hundred dollars for
  the first violation and up to one thousand dollars  for  the  second  or
  subsequent violation within an eighteen month period.
    4.  The  provisions  of  this  section  shall  not  apply  to cemetery
  corporations  as  defined  and  regulated  by  article  fifteen  of  the
  not-for-profit   corporation   law   and   the  regulations  promulgated
  thereunder.