§ 855. Legislative findings. The legislature finds that, as a result of the high value of Torah scrolls, there has developed a market for stolen scrolls. Because scrolls are virtually identical and difficult to identify, it is necessary to provide a system by which buyers can satisfy themselves that the scroll they are purchasing was […]
§ 856. Definitions. As used in this article: (1) Merchant means a person who deals in the sale of Torah scrolls in the ordinary course of business. (2) Torah scroll means an edition of the Pentateuch hand-written on parchment. (3) Person means any individual, partnership, corporation, association, religious corporation, house of worship, however organized, or […]
§ 857. Disclosure required. (1) No merchant shall sell, exchange, consign, donate, or otherwise transfer a Torah scroll unless a written disclosure instrument is furnished to the purchaser, consignee, donee or other transferee prior to the sale, exchange, consignment, donation or other transfer, which sets forth as to each scroll the descriptive information required by […]
§ 858. Posting of notice. In each place of business in this state where a merchant is regularly engaged in sale of Torah scrolls he shall post in a conspicuous place a sign which in legible format states: “Article 39-A of the New York General Business Law requires merchants to disclose in writing certain information […]
§ 859. Information to be provided. The following information shall be supplied in a written instrument to each transferee of every Torah scroll and shall clearly, specifically, and distinctly include: (1) The name of the merchant. (2) The name of the person from whom the merchant obtained the scroll, as well as his address and […]
§ 860. Records. Each merchant subject to the requirements of this article shall maintain, in chronological order, a copy of all disclosure statements issued by him for a period of ten years.
§ 861. Penalty. Any merchant who fails to comply with the requirements of section eight hundred fifty-seven or eight hundred sixty or who knowingly provides false or misleading information otherwise required by this article shall be guilty of a violation punishable by a fine not to exceed two hundred fifty dollars.
§ 862. Recision and other penalties. If a merchant fails to comply with the disclosure provisions of section eight hundred fifty-seven of this article, the transferee may rescind the transaction. In addition, where the merchant has made knowingly false statements to a transferee, the transferee may recover actual damages, if any, and a penalty in […]
§ 863. Enforcement. (1) Any violation of this article shall be deemed to be unlawful for purposes of sections three hundred forty-nine and three hundred fifty of article twenty-two-A of this chapter. (2) Any person who engages in repeated violations of this article shall be deemed to have engaged in persistent fraud or illegality for […]
§ 864. Severability. If any sentence, paragraph, section or part of this article shall be adjudged invalid by a court of competent jurisdiction such judgment shall not impair or invalidate the remainder thereof but shall be confined to that part.
