2012 New York Consolidated Laws
PEP - Personal Property
Article 9-A - (330 - 353) MOTOR VEHICLE RETAIL LEASING ACT
336 - Business purpose statement.


NY Pers Prop L § 336 (2012) What's This?
 
    §  336.  Business  purpose  statement.  1. A preprinted or typewritten
  affirmation or other provision indicating that a vehicle is being leased
  primarily  for  agricultural,  business  or  commercial  use  shall   be
  inadmissible  in evidence in any trial, hearing, action or proceeding on
  behalf of a lessor or holder unless the affirmation or  other  provision
  is  printed  or  typewritten in a separate document signed by the lessee
  that contains: (a) a space which the lessee must complete  in  order  to
  identify  the  nature of his or her business; and (b) directly above the
  space reserved for the signature of the lessee, a conspicuous  statement
  informing  the lessee that important consumer protections will not apply
  if the vehicle is being leased primarily for agricultural,  business  or
  commercial use.
    2.  This  section  shall  not  apply  if  the  retail  lease agreement
  contains: (a) a provision permitting the lessee to specify  whether  the
  vehicle  is being leased primarily for personal, family or household use
  or primarily for agricultural,  business  or  commercial  use;  and  (b)
  either  in  close proximity to the provisions permitted by paragraph (a)
  of this subdivision or directly above the notice required  by  paragraph
  (c)  of  subdivision  two  of section three hundred thirty-seven of this
  article, a notice printed or  written  in  a  size  equal  to  at  least
  eight-point  bold  type  that  is substantially similar to the following
  notice:  "WARNING: Important consumer protections may not apply if  this
  agreement  indicates  that  you  are  leasing  the vehicle primarily for
  agricultural, business or commercial use."
    3. The statement by the lessee of the purpose for which the vehicle is
  being leased shall not be  dispositive  of  the  issue  of  whether  the
  vehicle is being leased primarily for personal, family or household use.
  In  determining  whether  the  vehicle  is  being  leased  primarily for
  personal, family or household use, the court shall  consider  any  other
  factors relevant to that determination.

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