N.Y. Personal Property Law § 336: Business purpose statement

§ 336. Business purpose statement. 1. A preprinted or typewritten

affirmation or other provision indicating that a vehicle is being leased

primarily for agricultural, business or commercial use shall be

inadmissible in evidence in any trial, hearing, action or proceeding on

behalf of a lessor or holder unless the affirmation or other provision

is printed or typewritten in a separate document signed by the lessee

that contains: (a) a space which the lessee must complete in order to

identify the nature of his or her business; and (b) directly above the

space reserved for the signature of the lessee, a conspicuous statement

informing the lessee that important consumer protections will not apply

if the vehicle is being leased primarily for agricultural, business or

commercial use.

2. This section shall not apply if the retail lease agreement

contains: (a) a provision permitting the lessee to specify whether the

vehicle is being leased primarily for personal, family or household use

or primarily for agricultural, business or commercial use; and (b)

either in close proximity to the provisions permitted by paragraph (a)

of this subdivision or directly above the notice required by paragraph

(c) of subdivision two of section three hundred thirty-seven of this

article, a notice printed or written in a size equal to at least

eight-point bold type that is substantially similar to the following

notice: "WARNING: Important consumer protections may not apply if this

agreement indicates that you are leasing the vehicle primarily for

agricultural, business or commercial use."

3. The statement by the lessee of the purpose for which the vehicle is

being leased shall not be dispositive of the issue of whether the

vehicle is being leased primarily for personal, family or household use.

In determining whether the vehicle is being leased primarily for

personal, family or household use, the court shall consider any other

factors relevant to that determination.