2006 New York Code - Definitions



 
  Section 2--104. Definitions: "Merchant"; "Between Merchants"; "Financing
                    Agency".
    (1)  "Merchant"  means  a  person  who  deals  in goods of the kind or
  otherwise by his occupation holds himself out  as  having  knowledge  or
  skill  peculiar to the practices or goods involved in the transaction or
  to whom such knowledge or skill may be attributed by his  employment  of
  an  agent  or  broker  or other intermediary who by his occupation holds
  himself out as having such knowledge or skill.
    (2) "Financing agency" means a bank, finance company or  other  person
  who  in  the ordinary course of business makes advances against goods or
  documents of title or who by arrangement with either the seller  or  the
  buyer  intervenes  in  ordinary course to make or collect payment due or
  claimed under the contract for sale, as  by  purchasing  or  paying  the
  seller's  draft or making advances against it or by merely taking it for
  collection whether or  not  documents  of  title  accompany  the  draft.
  "Financing  agency"  includes  also a bank or other person who similarly
  intervenes between persons who are in the position of seller  and  buyer
  in respect to the goods (Section 2--707).
    (3) "Between merchants" means in any transaction with respect to which
  both parties are chargeable with the knowledge or skill of merchants.

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