1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 15: Specious Cash Sales


Section 252 Definitions

General Business (GBS)

For purposes of this article:

  (a) The term "consumer" means an individual.

  (b) The term "creditor' means a person regularly engaged in the business of making loans.

  (c) The term "seller" means a person who sells or agrees to sell personal property or furnishes or renders or agrees to furnish or render services.

  (d) The term "consumer loan" means a loan of money by a creditor to a consumer for which the consumer's obligation is payable in installments or for which a finance or other charge is or may be imposed.

  (e) The term "consumer sale" means a sale by a seller to a consumer of personal property or services for personal, family or household purposes.

  (f) The term "person related to the seller" means with respect to an individual seller:

  (1) the spouse of the seller;

  (2) a brother, brother-in-law, sister or sister-in-law of the seller;

  (3) an ancestor or lineal descendant of the seller or his spouse; and

  (4) any other relative, by blood or marriage of the seller or his spouse who shares a residence with the seller.

  (g) The term "person related to the seller" means with respect to any other seller:

  (1) a person directly or indirectly controlling, controlled by or under common control with the seller;

  (2) an officer or director of the seller, or a person performing similar functions with respect to the seller; the spouse of any such person; and any other relative by blood or marriage of any such person who shares a residence with such person.

  (h) A creditor who is not an individual shall be a "person related to the seller" if an officer of the creditor or a person performing similar functions, whose duties include participation in or supervision over the consumer loan the proceeds of which were primarily used in the consumer sale, is a person related to the seller under (f) and (g) of this section.