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This entry was published on 2014-09-22
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Sale of monuments and memorials
General Business (GBS) CHAPTER 20, ARTICLE 28-A
§ 454. Sale of monuments and memorials. 1. Definitions. As used in
this section, the following words shall have the following meanings:

(a) "Consumer" means any natural person who is solicited to purchase
or who purchases a memorial. The term shall not include a person making
a purchase for resale.

(b) "Memorial" means any monument, headstone, footstone, ledger stone,
marker or plaque designed or intended to be erected or installed in or
on any cemetery, grave, mausoleum or other appropriate place of burial
or memorialization.

(c) "Seller" means an individual, firm, corporation, not-for-profit
corporation, religious corporation, municipal corporation, political
subdivision, partnership, association, society or joint stock company,
or any agent or employee thereof.

(d) "Offer for sale" means any contact by a seller with a consumer of
which the subject of the sale of a memorial to a consumer is a part,
whether such contact be in person, by telephone, mail, or other
electronic means, and regardless of whether or not the consumer
initiates such contact.

(e) "Sale" means the sale of a memorial to or for a consumer for
actual delivery prior to, or subsequent to, a death.

(f) "Foundation" means a poured concrete or other permanent base
intended to support the memorial and installed at the gravesite in the
appropriate location.

2. Each sale of a memorial shall only be evidenced by a written
contract which shall be signed by all the parties to the contract, which
shall be dated, and which shall be completely separate and may not be
included in any other contract, agreement, purchase order, price list,
itemization of funeral services and merchandise selected or like
document reflecting the purchase by a consumer of any other real or
personal property or service related to the burial, cremation, or other
disposition of the remains of a deceased person. For purposes of this
section, the pourer of a foundation shall not be considered the seller
of a foundation. Such separate contract shall be prepared, completed and
maintained in accordance with this section for every memorial sale,
including a foundation therefor, and shall be the only contractual
document prepared in connection with such sale. Provided however in the
case of the sale of a monument or memorial made at the same time as a
preneed sale of funeral goods or services, a one page document
summarizing the transaction shall be given to the consumer in addition
to, but not in lieu of, the separate contract required by this section.
A full and complete copy of such contract shall be given to the consumer
by the seller at the time of purchase of such memorial, and shall be
retained by the seller for a period of at least three years from the
date of sale. Said contract shall contain at least the following:

(a) the name, address and telephone number of the seller of the

(b) the name, address and telephone number of the consumer;

(c) the full name of the individual to be memorialized and, if known,
the date of such individual's death;

(d) a full description of the memorial, including the material to be
provided, the dimensions of the finished memorial, a sketch or drawing
of the proposed memorial, the wording of any inscription on such
memorial including the approximate layout thereof, the method of
engraving of such inscription and the country or state of origin of such
monument or memorial provided by the manufacturer;

(e) the approximate date when the memorial is expected to be

(f) the name of the cemetery in which the memorial is to be placed,
together with the location of the plot or grave, if known; and

(g) a full disclosure of each of the following: the price of the
memorial; applicable sales tax, if any; the charge made by the cemetery
for the foundation; any charges for additional work, provided that such
additional work is clearly described in the contract and such charges
are itemized; the total price as contracted; and the schedule for
payment, if any.

3. Whenever there shall be a violation of the provisions of this
section, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the court or the
justice that the defendant has violated this section, an injunction may
be issued by the court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eight thousand three hundred three of the
civil practice law and rules and direct restitution. In connection with
any such proposed application, the attorney general is authorized to
take proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules. Whenever
the court shall determine that a violation of this section has occurred,
the court may impose a civil penalty of up to five hundred dollars for
the first violation and up to one thousand dollars for the second or
subsequent violation within an eighteen month period.

4. The provisions of this section shall not apply to cemetery
corporations as defined and regulated by article fifteen of the
not-for-profit corporation law and the regulations promulgated