2006 New York Code - Consumers\' Right To Recover Attorney\'s Fees In Actions Arising Out Of Consumer Contracts.



 
    § 5-327. 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.

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