Section 396-U. Merchandise delivery

1.  Definitions.  As  used  in this
  section:
    a. "Consumer" means a person who enters into a contract with a  dealer
  for the purchase or lease of furniture or a major household appliance.
    b.  "Person"  means  any  individual,  firm, partnership, corporation,
  association or other legal entity.
    c. "Furniture" means any article used to furnish a house, apartment or
  place of business or  accommodation,  as  distinguished  from  permanent
  fixtures  or  adjuncts,  including  but  not  limited to chairs, tables,
  cabinets,  sofas,  carpets,  rugs,  curtains,  bedsteads   and   chests;
  provided,  that  such  term  shall  not  mean  any  article  which is in
  substantial part custom-made or custom finished.
    d. "Major household appliance" means air conditioners, audio or stereo
  equipment, washing machines for clothes,  clothes  dryers,  dishwashers,
  food  freezers,  refrigerators,  stoves, ranges, ovens, sewing machines,
  television sets, tape and video recorders or any other consumer  durable
  goods  generally  intended  for household use having a purchase price in
  excess of two hundred dollars.
    e. "Furniture dealer", "major household appliance dealer" or  "dealer"
  means  any  person  who  engages  in  the business of selling or leasing
  furniture or major household appliances or both.
    2. It shall be an unlawful practice for a furniture or major household
  appliance dealer to:
    a. Fail to disclose an estimated delivery date, or an estimated  range
  of  delivery  dates, conspicuously and in writing on the consumer's copy
  of the contract entered into for the sale or lease of furniture or major
  household appliance, at the time an order for such merchandise is taken;
    b. Fail to deliver the furniture or major household appliance  by  the
  latest  date  stated  for  delivery,  unless  the  affected  consumer is
  notified:
    (1) of the delay and the revised anticipated delivery date or range of
  delivery dates; and
    (2) of the fact that, upon the expiration of the  latest  date  stated
  for  delivery  in  the  original  contract, such consumer shall have the
  option of:
    (a) canceling the contract and receiving full refund; or
    (b) canceling the contract and receiving a credit from the  dealer  in
  an amount equal to any deposit made by the consumer; or
    (c)  negotiating  a  new delivery date or range of delivery dates with
  the dealer which date or range of dates shall thereafter be  the  latest
  date   stated  for  delivery  in  the  contract  for  purposes  of  this
  subdivision; or
    (d) modifying the contract by making a new selection of  furniture  or
  major household appliance;
    c.  In  the  event that the furniture or major household appliance has
  not been delivered by  the  latest  date  stated  for  delivery  in  the
  original contract, to fail to honor a consumer's election from among the
  options   described   in   subparagraph  two  of  paragraph  b  of  this
  subdivision;
    d. In the event that a consumer elects  to  cancel  the  contract  and
  receive a refund, to fail to make a refund within two weeks of receiving
  a demand for such refund.
    3. Notwithstanding any other provisions of this section, where a delay
  in  delivery  as  determined  from  the original contract is caused by a
  strike or by an act of  God,  the  applicable  delivery  date  shall  be
  extended  by  an  amount  of time equal to the duration of the strike or
  condition giving rise to the delay or thirty days, whichever is less.

    4. Where a failure to deliver, or delay in delivery beyond the  latest
  day  promised  or  stated  for delivery, is caused solely by a consumer,
  such failure or delay shall not constitute an  unlawful  practice  under
  this section.
    5.  Nothing  herein  contained  shall  be  construed to be a waiver or
  limitation of any right of a consumer elsewhere  provided  by  law,  and
  nothing  herein  shall  preempt  any  local  statute  or  regulation  or
  supersede any contract which is consistent with this  section  or  which
  provides greater protection to the consumer.
    6. This section shall not apply to mail order merchandise.
    7.  A  consumer  injured  by  a violation of this section may bring an
  action to recover damages. Judgment may be entered for three  times  the
  actual  damages suffered by a consumer or one hundred dollars, whichever
  is greater provided, however, that treble damages may  not  be  assessed
  against  a  dealer who shows by a preponderance of the evidence that the
  violation was not intentional  and  resulted  from  a  bona  fide  error
  notwithstanding  the  maintenance  of  procedures  reasonably adopted to
  avoid such error. A court also may award reasonable attorney's fees to a
  prevailing plaintiff consumer.
    8. Upon any violation of this section, an application may be  made  by
  the  attorney  general in the name of the people of the state 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  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  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution.    In  connection  with  an  application  made  under  this
  subdivision,  the  attorney  general  is authorized to take proof and to
  make a determination of the relevant facts and  to  issue  subpoenas  in
  accordance with the civil practice law and rules.