Section 331. Definitions

In  this article, unless the context or subject
  matter otherwise requires:
    1. "Motor vehicle" or "vehicle" means any device propelled or drawn by
  any power other than muscular power, upon or  by  which  any  person  or
  property  is  or may be transported or drawn upon a public highway, road
  or street. The term does  not  include  a  "snowmobile"  as  defined  in
  subdivision three of section 21.05 of the parks, recreation and historic
  preservation  law  or  other vehicles not designed primarily for highway
  transportation, but which may incidentally transport persons or property
  on a public highway.
    2. "Retail lessee" or "lessee" means a natural  person  who  leases  a
  motor  vehicle  from  a  retail lessor primarily for personal, family or
  household use and who executes a retail lease  agreement  in  connection
  therewith.    For  purposes  of  section  three  hundred thirty-four and
  subdivisions two and three of section three hundred  forty-six  of  this
  article, the term also includes a person who makes a payment to a lessor
  or  leaves  his  vehicle with a lessor pending the execution of a retail
  lease  agreement.    Except  as  provided  in  sections  three   hundred
  forty-eight  and three hundred forty-nine of this article, the term does
  not  include  a  person  who  leases  a  motor  vehicle  primarily   for
  agricultural,   business  or  commercial  use  or  for  the  purpose  of
  subleasing.
    3. "Retail lessor" or "lessor" means a person regularly engaged in the
  business of leasing or selling motor vehicles who leases a motor vehicle
  to a retail lessee under or subject to a retail lease agreement.
    4. "Retail lease" or "lease" means a transfer from a retail lessor  to
  a retail lessee of the right to possession and use of a motor vehicle in
  return  for consideration. The term does not include a sale, including a
  sale on approval or a sale  or  return,  a  retail  instalment  sale  as
  defined  in article nine of this chapter or the retention or creation of
  a security interest in a motor vehicle.
    5. "Retail lease agreement" or "agreement" means an agreement, entered
  into in this state, for the lease of a  motor  vehicle,  and  which  may
  include  the  purchase  of  goods  or  services incidental thereto, by a
  retail lessee for a scheduled term exceeding four months, whether or not
  the lessee has the option to purchase or otherwise become the  owner  of
  the  vehicle  at the expiration of the agreement. The term includes such
  an agreement wherever entered into if executed by  the  lessee  in  this
  state and if solicited in person by a person acting on his own behalf or
  that  of  the  lessor.  The  term  does  not include a retail instalment
  contract or a rental-purchase agreement as defined in articles nine  and
  eleven  of  this  chapter. An agreement that substantially complies with
  this article does not create a security interest in a motor  vehicle  as
  the  term  "security interest" is defined in subdivision thirty-seven of
  section 1-201 of the uniform commercial code.
    6. "Additional early termination  charge"  means  the  initial  dollar
  amount  of  the  early  termination  charge  the  portion  of  which  is
  recoverable by the holder upon early  termination  in  addition  to  the
  amounts  specified  in  paragraphs (a) through (e) of subdivision one of
  section three hundred forty-one of this article.  The  additional  early
  termination  charge  may  only  include  amounts which are reasonable in
  light of the anticipated or  actual  harm  caused  by  the  delinquency,
  default  or early termination, the difficulties of proof of loss and the
  inconvenience or  nonfeasibility  of  otherwise  obtaining  an  adequate
  remedy. Any fees or charges included in the additional early termination
  charge may not also be included in the capitalized cost.