Bill Text: NY A09564 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to making certain technical corrections relating to the UCC revisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-08-24 - signed chap.237 [A09564 Detail]
Download: New_York-2017-A09564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9564 IN ASSEMBLY January 23, 2018 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the uniform commercial code, the civil practice law and rules, the lien law, the general obligations law, the banking law, the general business law, the arts and cultural affairs law and the personal property law, in relation to making technical corrections to conform with revisions to the uniform commercial code The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (g) of subsection 1 of section 4-A-105 of the 2 uniform commercial code, as added by chapter 208 of the laws of 1990, is 3 amended to read as follows: 4 (g) "Prove" with respect to a fact means to meet the burden of estab- 5 lishing the fact (subsection (b)(8) of section [1-201] 1--201). 6 § 2. Subsection 1 of section 4-A-106 of the uniform commercial code, 7 as added by chapter 208 of the laws of 1990, is amended to read as 8 follows: 9 (1) The time of receipt of a payment order or communication cancelling 10 or amending a payment order is determined by the rules applicable to 11 receipt of a notice stated in [subsection (27) of] Section [1-201] 12 1--202. A receiving bank may fix a cut-off time or times on a funds- 13 transfer business day for the receipt and processing of payment orders 14 and communications cancelling or amending payment orders. Different 15 cut-off times may apply to payment orders, cancellations, or amendments, 16 or to different categories of payment orders, cancellations, or amend- 17 ments. A cut-off time may apply to senders generally or different cut- 18 off times may apply to different senders or categories of payment 19 orders. If a payment order or communication cancelling or amending a 20 payment order is received after the close of a funds-transfer business 21 day or after the appropriate cut-off time on a funds-transfer business 22 day, the receiving bank may treat the payment order or communication as 23 received at the opening of the next funds-transfer business day. 24 § 3. Subsection 2 of section 4-A-204 of the uniform commercial code, 25 as added by chapter 208 of the laws of 1990, is amended to read as 26 follows: 27 (2) Reasonable time under subsection (1) may be fixed by agreement as 28 stated in subsection [(1)] (b) of Section [1-204] 1--302, but the obli- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14138-01-8A. 9564 2 1 gation of a receiving bank to refund payment as stated in subsection 2 [(1)] (b) may not otherwise be varied by agreement. 3 § 4. Subsection (c) of section 5--103 of the uniform commercial code, 4 as added by chapter 471 of the laws of 2000, is amended to read as 5 follows: 6 (c) With the exception of this subsection, subsections (a) and (d) of 7 this section, paragraphs (9) and (10) of subsection (a) of section 8 5--102, subsection (d) of section 5--106, and subsection (d) of section 9 5--114, and except to the extent prohibited in [subsection (3) of] 10 section [1--102] 1--302 and subsection (d) of section 5--117, the effect 11 of this article may be varied by agreement or by a provision stated or 12 incorporated by reference in an undertaking. A term in an agreement or 13 undertaking generally excusing liability or generally limiting remedies 14 for failure to perform obligations is not sufficient to vary obligations 15 prescribed by this article. 16 § 5. Subdivision (c) of rule 4518 of the civil practice law and rules, 17 as amended by chapter 229 of the laws of 2017, is amended to read as 18 follows: 19 (c) Other records. All records, writings and other things referred to 20 in sections 2306 and 2307 are admissible in evidence under this rule and 21 are prima facie evidence of the facts contained, provided they bear a 22 certification or authentication by the head of the hospital, laboratory, 23 department or bureau of a municipal corporation or of the state, or by 24 an employee delegated for that purpose or by a qualified physician. 25 Where a hospital record is in the custody of a warehouse[, or "ware-26houseman"] as that term is defined by paragraph (thirteen) of subsection 27 (a) of section [7-102] 7--102 of the uniform commercial code, pursuant 28 to a plan approved in writing by the state commissioner of health, 29 admissibility under this subdivision may be established by a certif- 30 ication made by the manager of the warehouse that sets forth (i) the 31 authority by which the record is held, including but not limited to a 32 court order, order of the commissioner, or order or resolution of the 33 governing body or official of the hospital, and (ii) that the record has 34 been in the exclusive custody of such warehouse or warehousemen since 35 its receipt from the hospital or, if another has had access to it, the 36 name and address of such person and the date on which and the circum- 37 stances under which such access was had. Any [warehouseman] warehouse 38 providing a certification as required by this subdivision shall have no 39 liability for acts or omissions relating thereto, except for intentional 40 misconduct, and the [warehouseman] warehouse is authorized to assess and 41 collect a reasonable charge for providing the certification described by 42 this subdivision. Where a hospital record is located in a jurisdiction 43 other than this state, admissibility under this subdivision may be 44 established by either a certification or authentication by the head of 45 the hospital, laboratory, department or bureau of a municipal corpo- 46 ration or of the state or by an employee delegated for that purpose, or 47 by a qualified physician. 48 § 6. Section 200 of the lien law, as amended by chapter 30 of the laws 49 of 1968, is amended to read as follows: 50 § 200. Sale of personal property to satisfy a lien. A lien against 51 personal property, other than the lien of a [warehouseman] warehouse 52 pursuant to section 7--209 of the uniform commercial code, the lien of a 53 carrier pursuant to section 7--307 of the uniform commercial code, a 54 security interest in goods and the lien of a keeper of a hotel, apart- 55 ment hotel, inn, boarding-house or lodging-house, except an immigrant 56 lodging-house, if in the legal possession of the lienor, may be satis-A. 9564 3 1 fied by the sale of such property according to the provisions of this 2 article. 3 § 7. Subdivision 1 of section 5-1401 of the general obligations law, 4 as added by chapter 421 of the laws of 1984, is amended to read as 5 follows: 6 1. The parties to any contract, agreement or undertaking, contingent 7 or otherwise, in consideration of, or relating to any obligation arising 8 out of a transaction covering in the aggregate not less than two hundred 9 fifty thousand dollars, including a transaction otherwise covered by 10 subsection [one] (a) of section [1-105] 1--301 of the uniform commercial 11 code, may agree that the law of this state shall govern their rights and 12 duties in whole or in part, whether or not such contract, agreement or 13 undertaking bears a reasonable relation to this state. This section 14 shall not apply to any contract, agreement or undertaking (a) for labor 15 or personal services, (b) relating to any transaction for personal, 16 family or household services, or (c) to the extent provided to the 17 contrary in subsection [two] (c) of section [1-105] 1--301 of the 18 uniform commercial code. 19 § 8. Subdivision 1-c of section 7-101 of the general obligations law, 20 as amended by chapter 84 of the laws of 2001, is amended to read as 21 follows: 22 1-c. This section shall apply to money deposited or advanced on 23 contracts for the use or rental of personal property as security for 24 performance of the contract or to be applied to payments upon such 25 contract when due, only if (a) such contract is governed by the laws of 26 this state as the result of a choice of law provision in such contract, 27 in accordance with section [1-105] 1--301 of the uniform commercial code 28 (subject to the limitations on choice of law by the parties to a consum- 29 er lease under section 2-A-106 of the uniform commercial code), or such 30 contract is otherwise governed by the laws of this state in accordance 31 with applicable conflict of laws rules, and (b) the lessee under such 32 contract is located within this state, within the meaning of the uniform 33 commercial code (with respect to the location of debtors), except that a 34 foreign air carrier under the Federal Aviation Act of 1958, as amended, 35 shall not be deemed located in this state solely as a result of having a 36 designated office of an agent upon whom service of process may be made 37 located in this state. 38 § 9. Subdivisions 1 and 2 of section 138 of the banking law, as 39 amended by chapter 689 of the laws of 1984, are amended to read as 40 follows: 41 1. Notwithstanding section [1-105] 1--301 of the uniform commercial 42 code, any bank or trust company or national bank located in this state 43 which in accordance with the provisions of this chapter or otherwise 44 applicable law shall have opened and occupied a branch office or branch 45 offices in any foreign country shall be liable for contracts to be 46 performed at such branch office or offices and for deposits to be repaid 47 at such branch office or offices to no greater extent than a bank, bank- 48 ing corporation or other organization or association for banking 49 purposes organized and existing under the laws of such foreign country 50 would be liable under its laws. The laws of such foreign country for the 51 purpose of this section shall be deemed to include all acts, decrees, 52 regulations and orders promulgated or enforced by a dominant authority 53 asserting governmental, military or police power of any kind at the 54 place where any such branch office is located, whether or not such domi- 55 nant authority be recognized as a de facto or de jure government.A. 9564 4 1 2. Notwithstanding section [1-105] 1--301 of the uniform commercial 2 code, if by action of any such dominant authority which is not recog- 3 nized by the United States as the de jure government of the foreign 4 territory concerned, any property situated in or any amount to be 5 received in such foreign territory and carried as an asset of any branch 6 office of such bank or trust company or national bank in such foreign 7 territory is seized, destroyed or cancelled, then the liability of such 8 bank or trust company or national bank for any deposit theretofore 9 received and thereafter to be repaid by it, and for any contract there- 10 tofore made and thereafter to be performed by it, at any branch office 11 in such foreign territory shall be reduced pro tanto by the proportion 12 that the value (as shown by the books or other records of such bank or 13 trust company or national bank at the time of such seizure, destruction 14 or cancellation) of such assets bears to the aggregate of all the depos- 15 it and contract liabilities of the branch office or offices of such bank 16 or trust company or national bank in such foreign territory, as shown at 17 such time by the books or other records of such bank or trust company or 18 national bank. 19 § 10. Paragraphs (a) and (b) of subdivision 3 of section 204-a of the 20 banking law, as amended by chapter 552 of the laws of 1962, are amended 21 to read as follows: 22 (a) Notwithstanding section [1-105] 1--301 of the uniform commercial 23 code, any foreign banking corporation doing business in this state under 24 a license issued by the superintendent in accordance with the provisions 25 of this chapter shall be liable in this state for contracts to be 26 performed at its office or offices in any foreign country, and for 27 deposits to be repaid at such office or offices, to no greater extent 28 than a bank, banking corporation or other organization or association 29 for banking purposes organized and existing under the laws of such 30 foreign country would be liable under its laws. The laws of such foreign 31 country for the purpose of this subdivision shall be deemed to include 32 all acts, decrees, regulations and orders promulgated or enforced by a 33 dominant authority asserting governmental, military or police power of 34 any kind at the place where any such office is located, whether or not 35 such dominant authority be recognized as a de facto or de jure govern- 36 ment. 37 (b) Notwithstanding section [1-105] 1--301 of the uniform commercial 38 code, if by action of any such dominant authority which is not recog- 39 nized by the United States as the de jure government of the foreign 40 territory concerned, any property situated in or any amount to be 41 received in such foreign territory and carried as an asset of any office 42 of such foreign banking corporation in such foreign territory is seized, 43 destroyed or cancelled, then the liability, if any, in this state of 44 such foreign banking corporation for any deposit theretofore received 45 and thereafter to be repaid by it, and for any contract theretofore made 46 and thereafter to be performed by it, at any office in such foreign 47 territory shall be reduced pro tanto by the proportion that the value 48 (as shown by the books or other records of such foreign banking corpo- 49 ration, at the time of such seizure, destruction or cancellation) of 50 such assets bears to the aggregate of all the deposit and contract 51 liabilities of the office or offices of such foreign banking corporation 52 in such foreign territory, as shown at such time by the books or other 53 records of such foreign banking corporations. Nothing contained in this 54 paragraph shall diminish or otherwise affect the liability of any such 55 foreign banking corporation to any corporation, firm or individual whichA. 9564 5 1 at the time of such seizure, destruction or cancellation was incorpo- 2 rated or resident in any state of the United States. 3 § 11. Subdivision 4 of section 11.01 of the arts and cultural affairs 4 law, as added by chapter 849 of the laws of 1984, is amended to read as 5 follows: 6 4. "Creditors" means "creditor" as defined in [subdivision twelve] 7 paragraph thirteen of subsection (b) of section [1-201] 1--201 of the 8 uniform [commerical] commercial code. 9 § 12. Subdivision 5 of section 331 of the personal property law, as 10 added by chapter 1 of the laws of 1994, is amended to read as follows: 11 5. "Retail lease agreement" or "agreement" means an agreement, entered 12 into in this state, for the lease of a motor vehicle, and which may 13 include the purchase of goods or services incidental thereto, by a 14 retail lessee for a scheduled term exceeding four months, whether or not 15 the lessee has the option to purchase or otherwise become the owner of 16 the vehicle at the expiration of the agreement. The term includes such 17 an agreement wherever entered into if executed by the lessee in this 18 state and if solicited in person by a person acting on his own behalf or 19 that of the lessor. The term does not include a retail instalment 20 contract or a rental-purchase agreement as defined in articles nine and 21 eleven of this chapter. An agreement that substantially complies with 22 this article does not create a security interest in a motor vehicle as 23 the term "security interest" is defined in [subdivision thirty-seven] 24 paragraph thirty-five of subsection (b) of section [1-201] 1--201 of the 25 uniform commercial code. 26 § 13. Paragraph (e) of subdivision 7 of section 399-w of the general 27 business law, as amended by chapter 140 of the laws of 1995, is amended 28 to read as follows: 29 (e) "Retail lease agreement" or "agreement" means an agreement, 30 entered into in this state, for the lease of goods and which may include 31 the purchase of goods or services incidental thereto by a lessee for a 32 scheduled term exceeding four months, whether or not the lessee has the 33 option to purchase or otherwise become the owner of the goods at the 34 expiration of the agreement. The term includes such an agreement wherev- 35 er entered into if executed by the lessee in this state and if solicited 36 in person by a person acting on his or her own behalf or that of the 37 lessor. The term does not include a retail instalment contract or a 38 rental-purchase agreement as defined in articles ten and eleven of the 39 personal property law. An agreement that substantially complies with 40 this article does not create a security interest in the goods as the 41 term "security interest" is defined in [subdivision thirty-seven] para- 42 graph thirty-five of subsection (b) of section [1-201] 1--201 of the 43 uniform commercial code. 44 § 14. Subdivision 6 of section 500 of the personal property law, as 45 amended by chapter 309 of the laws of 2010, is amended to read as 46 follows: 47 6. "Rental-purchase agreement" means an agreement for the use of 48 merchandise by a consumer for primarily personal, family, or household 49 purposes, for an initial period of four months or less, that is renewa- 50 ble with each payment after the initial period and that permits the 51 consumer to become the owner of the property. An agreement that complies 52 with this article is not a retail installment sales contract, agreement, 53 or obligation as defined in this chapter nor a security interest as 54 defined in [subdivision thirty-seven] paragraph thirty-five of 55 subsection (b) of section [1-201] 1--201 of the uniform commercial code. 56 § 15. This act shall take effect immediately.
