2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
395 - Required disclosure of prior use.

 
    § 395. Required disclosure of prior use. 1. Whenever any person, firm,
  corporation   or  association  engaged  in  the  business  of  retailing
  merchandise to the public, or agent, employee  or  sales  representative
  thereof   shall   offer  used,  rebuilt,  reconditioned  or  repossessed
  television or radio receiving  sets,  phonographs,  or  major  household
  appliances,  for  sale  to  the  public,  the seller shall affix to such
  merchandise offered for sale a tag  or  sticker  which  shall  state  as
  appropriate that such merchandise has been used, rebuilt, reconditioned,
  repossessed,  or rebranded and used.  If such merchandise is offered for
  sale to the public by any means of  advertisement,  announcement,  card,
  sign,   label,   tag   or   other   means  of  communication,  the  said
  advertisement, announcement, card, sign, laber, tag or  other  means  of
  communication  must  also contain in the description of such merchandise
  the  appropriate  word  or  words  of  the  following:  used,   rebuilt,
  reconditioned,  repossessed,  or  rebranded  and  used.  Nothing in this
  section shall be construed to apply to merchandise sold as antique goods
  and so advertised or described, jewelry, imported oriental  rugs,  floor
  samples,  nor  to any merchandise returned by a retail customer the cash
  sales price for which is canceled or refunded or fully credited.
    2.  A  violation  of  this  section  with  the  intent  to  deceive  a
  prospective  or potential purchaser of such merchandise shall constitute
  a misdemeanor.
    3. Proof that any person, firm, corporation or association engaged  in
  the  business of retailing merchandise to the public, or agent, employee
  or sales representative thereof who has  offered  such  merchandise  for
  sale  to  the  public  has failed to comply with subdivision one of this
  section shall be presumptive evidence of the intent to deceive mentioned
  in subdivision two of this section.
    4. Upon a showing by the attorney general in  an  application  for  an
  injunction  that any person, firm, corporation or association engaged in
  the business of retailing merchandise to the public, or agent,  employee
  or  sales  representative  thereof  who has offered such merchandise for
  sale to the public has failed to comply with  subdivision  one  of  this
  section,  the  supreme  court  after  a  hearing  may  issue a permanent
  injunction enjoining and restraining such action or  violation,  without
  requiring proof that any person has, in fact, been misled or deceived or
  otherwise damaged thereby.