Section 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
  memorial;
    (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,  and  the  method  of
  engraving of such inscription;
    (e)  the  approximate  date  when  the  memorial  is  expected  to  be
  completed;
    (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
  thereunder.