§ 252 Division of milk control
§ 253 Definitions
§ 254 General powers
§ 254-A Milk marketing advisory council
§ 255 Rules and orders
§ 256 Entry, inspection and investigation
§ 256-A Audits of books and accounts of milk dealers and cooperatives
§ 256-B Accounting of milk dealers and cooperatives to producers
§ 257 Licenses to milk dealers
§ 257-A Transportation and storage of milk
§ 258 Application for license
§ 258-A License fees
§ 258-B Prompt payment for milk purchases; security funds; bonding of milk dealers
§ 258-C Granting and revoking licenses
§ 258-D Proceedings to review
§ 258-E Violations; remedies
§ 258-F Records
§ 258-G Reports
§ 258-J Construction, exceptions and limitations
§ 258-K Declaration of policy
§ 258-L Producers’ bargaining agencies and distributors’ bargaining agencies
§ 258-M Orders fixing prices for milk and marketing agreements
§ 258-N Interstate and federal compacts
§ 258-O Enacted without section heading
§ 258-P Declaration of policy
§ 258-Q Action for a uniform northeast market
§ 258-R Actions to eliminate trade barriers

Terms Used In New York Laws > Agriculture and Markets > Article 21 - Milk Control

  • Acrobatic flying: means maneuvers not necessary for normal flight and intentionally performed by an aircraft, involving an abrupt change in its attitude, an abnormal attitude or an abnormal acceleration. See N.Y. General Business Law 240
  • Administrator of the federal aviation agency: means the administrator of the federal aviation agency of the United States. See N.Y. General Business Law 240
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory council: shall mean the state heritage areas advisory council established under article thirty-three of this title. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency manager: means the person designated by the applicant for a license who is responsible for the direction and operation of the placement activities of the agency at the premises covered by the license. See N.Y. General Business Law 171
  • Aircraft: means any contrivance, now or hereafter invented, for avigation of or flight in the air, except a parachute or other contrivance designed for use, and carried primarily for safety equipment. See N.Y. General Business Law 240
  • Airport: means any landing area used regularly by aircraft for receiving or discharging passengers or cargo; or for the landing and take-off of aircraft being used for personal or training purposes. See N.Y. General Business Law 240
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • applied: include any method or means of application or attachment to, or of use on, or in connection with, or in relation to, an article, whether such application, attachment or use is to, on, by, in or with

    N.Y. General Business Law 230
  • Appraisal: A determination of property value.
  • Appraiser: shall mean any person or persons, firm, partnership, corporation or association or any officer, director, employee or agent thereof who purports to ascertain and state the true value of property. See N.Y. General Business Law 239
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article: means any article of merchandise and includes any portion of such article, whether a distinct part thereof, or not (including every part thereof whether or not separable and also including material for manufacture). See N.Y. General Business Law 230
  • Artist: shall mean actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. See N.Y. General Business Law 171
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Avigation: means the steering, directing or managing of an aircraft, in or through the air; and such term is here used as a substitute for "aerial navigation. See N.Y. General Business Law 240
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Catalogue sale: shall mean any sale by means of printed material received by the consumer, including advertisements in newspapers, magazines or similar publications which contains the terms of sale, retail price, and instructions for ordering from which a consumer can order such unit. See N.Y. General Business Law 350-G
  • Chief elected official: shall mean the chief executive officer of a municipality, or if there is none, any other officer possessing similar powers and duties. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • commercial trampoline: shall mean a device that:
    (a) incorporates a trampoline bed; and
    (b) is used for entertainment or recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See N.Y. General Business Law 220
  • commission: shall mean the Niagara river greenway commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • commission: shall mean the Michigan Street African American Heritage Corridor commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 41.03
  • Commissioner: means the industrial commissioner of the state of New York, except that in the application of this article to the city of New York the term "commissioner" means the commissioner of consumer affairs of such city. See N.Y. General Business Law 171
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • comptroller: means the comptroller of the state of New York with respect to the state university or the appropriate fiscal officer with respect to other employers. See N.Y. Education Law 398
  • Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See N.Y. Agriculture and Markets Law 253
  • Contaminant: shall mean only those physical, chemical, microbiological, or radiological substances in water for which a federal maximum contaminant level exists pursuant to the federal Safe Drinking Water Act or a state maximum contaminant level exists pursuant to the public health law or a guideline exists which has been established by the commissioner of health. See N.Y. General Business Law 350-G
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control zone: means an airspace of defined dimensions extending upwards from the surface of the ground and including one or more airports and designated as such by the administrator of the federal aviation agency. See N.Y. General Business Law 240
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the retail sale of motor fuels for use in motor vehicles under a franchise entered into with a distributor. See N.Y. General Business Law 199-A
  • Dealer: shall mean a person engaged in the business of selling snowmobiles at wholesale or retail. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Director: means the director of the division of milk control. See N.Y. Agriculture and Markets Law 253
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means any person engaged in the sale, consignment, or distribution of motor fuels to dealers. See N.Y. General Business Law 199-A
  • Division: means the division of milk control created by this article. See N.Y. Agriculture and Markets Law 253
  • Docket: A log containing brief entries of court proceedings.
  • emergency response plan: shall mean a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency . See N.Y. General Business Law 220
  • Emigrant agent: shall mean any person, on behalf of an employment agency who, for a fee, procures or attempts to procure employment for persons outside the state or outside the continental United States seeking such employment, or employees from outside the state or outside the continental United States for employers seeking the services of such employees. See N.Y. General Business Law 171
  • employee: means a person employed by the state university, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 398
  • employer: means the state university of New York, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 398
  • employer fee paid employment agency: means any person who on behalf of employers procures or attempts to procure employees for "Class B" employment (as defined in section one hundred eighty-five of this article) and who in no instance charges a fee directly, or indirectly, to persons seeking such employment even though a fee may be charged to employers seeking the services of such employees, and who engages in no activity constituting the operation of an employment agency as defined in section one hundred seventy-one of this chapter and who in no instance enters into any arrangement through which the employer fee paid employment agency receives remuneration or any other thing of value from any person, firm or corporation which collects fees from applicants. See N.Y. General Business Law 191
  • Employment agency: means any person (as hereinafter defined) who, for a fee, procures or attempts to procure:
    (1) employment or engagements for persons seeking employment or engagements, or
    (2) employees for employers seeking the services of employees. See N.Y. General Business Law 171
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fee: means anything of value, including any money or other valuable consideration charged, collected, received, paid or promised for any service, or act rendered or to be rendered by an employment agency, including but not limited to money received by such agency or its emigrant agent which is more than the amount paid by it for transportation, transfer of baggage, or board and lodging on behalf of any applicant for employment. See N.Y. General Business Law 171
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flight visibility: means the average horizontal distance that prominent objects may be seen from the cockpit. See N.Y. General Business Law 240
  • Franchise: means any agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor, or to which the distributor has the right to authorize the use thereof, and is furnished by the distributor with products to be sold at retail under such trademark, trade name, service mark, or other identifying symbol or name or any agreement between a distributor and a dealer under which the dealer is granted the right to occupy or use premises or facilities owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of motor fuels of the distributor, provided that an agreement by one distributor to lease premises or facilities to another distributor shall not constitute a franchise. See N.Y. General Business Law 199-A
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • greenway: shall mean a linear system of state and local parks and conservation areas linked by a network of multi use trails within the greenway area established by an approved plan of the commission as provided for in this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Heritage area: shall mean a definable urban or regional area of public and private uses ranging in size from a portion of a municipality to a regional area with a special coherence, such area being distinguished by physical and cultural resources (natural and/or man made including waterways, architecture, or artifacts reflecting a period of style or cultural heritage) which play a vital role in the life of the community and/or region and contribute through interpretive, educational and recreational use to the public. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • heritage corridor: shall mean the preservation corridor located between Broadway, Eagle, Elm and Nash to William street, William street (east) to Pine street, and Pine street (south) to Eagle street in downtown Buffalo including structures, such as the J. See N.Y. Parks, Recreation and Historic Preservation Law 41.03
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • inspection: shall mean a procedure that an inspector conducts to:
    (a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this article and the manufacturer's recommendations;
    (b) determine the operational safety of a trampoline park facility, including any device or material;
    (c) determine whether the trampoline park complies with safety standards ; and
    (d) determine whether the trampoline park's policies, safeguards, and procedures comply with this article. See N.Y. General Business Law 220
  • inspector: shall mean an individual who:
    (a) conducts an inspection of a trampoline park to certify compliance with this article and industry safety standards ; and
    (b)
    (i) is certified by:
    (A) a nationally accredited organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
    (B) a nationally accredited organization that promotes trampoline park safety ;
    (ii) represents the insurer of the trampoline park ;
    (iii) represents a nationally accredited organization that:
    (A) inspects amusement and recreational facilities and equipment; and
    (B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
    (iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics . See N.Y. General Business Law 220
  • insurer: means a life insurance corporation or other corporation subject to department of financial services supervision. See N.Y. Education Law 398
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Label: shall mean the written, printed or graphic matter (i) affixed or attached to or printed on the water treatment unit, or (ii) placed on or otherwise made a part of the containers or wrappers of such units. See N.Y. General Business Law 350-G
  • Landing area: means any locality either of land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and take-off of aircraft, whether or not facilities are provided for shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo. See N.Y. General Business Law 240
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a licensed milk dealer. See N.Y. Agriculture and Markets Law 253
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local sponsor: shall mean any municipality, district or school district, as defined in the general municipal law, or any combination thereof. See N.Y. Education Law 272
  • Majority leader: see Floor Leaders
  • Mark: means any mark, sign, device, imprint, stamp, brand applied to any article, or to any tag, card, paper, label, box, carton, container, holder, package cover or wrapping attached to, used in conjunction with or enclosing such article or any bill, bill of sale, invoice, statement, letter, circular, advertisement, notice, memorandum, or other writing or printing. See N.Y. General Business Law 230
  • Milk broker: means any person who buys and sells milk for licensees on a fee or commission basis or who arranges for or negotiates contracts to buy or sell milk among licensees. See N.Y. Agriculture and Markets Law 253
  • Milk dealer: means any person who purchases, handles or sells milk, or bargains for the purchase or sale of milk, including brokers and agents. See N.Y. Agriculture and Markets Law 253
  • Milk production area: as used in this article means those dairy farms maintained primarily as a source of fluid milk for a marketing area. See N.Y. Agriculture and Markets Law 258-L
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a county, city, town, village or local public benefit corporation located adjacent to the Niagara river. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operating aircraft: means performing the services of aircraft pilot. See N.Y. General Business Law 240
  • operator: shall mean a person who manages, or controls or who has the duty to manage or control the operation of a trampoline park. See N.Y. General Business Law 220
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: shall mean a person, corporation, partnership, limited liability company, or association who owns a commercial trampoline park. See N.Y. General Business Law 220
  • Owner: shall mean any person having title to a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • participant: shall mean an individual that uses trampoline park equipment. See N.Y. General Business Law 220
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performance data sheet: shall mean a booklet, document, label or other printed material containing, at a minimum, the information required pursuant to section three hundred fifty-i of this article. See N.Y. General Business Law 350-G
  • Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 253
  • Person: means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office or the agent or employee of the foregoing. See N.Y. General Business Law 171
  • Person: means any individual, firm, partnership, corporation, association, union or other organization. See N.Y. General Business Law 275
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. General Business Law 350-G
  • Personal property: All property that is not real property.
  • Placement employee: shall mean any agency manager, director, counsellor, interviewer, or any other person employed by an employment agency who spends a substantial part of his time interviewing, counselling or conferring with job applicants or employers for the purpose of placing or procuring job applicants, but shall not include employees of an employment agency who are primarily engaged in clerical occupations. See N.Y. General Business Law 171
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Produced upon: means branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, or otherwise permanently placed upon any vessel, receptacle or utensil. See N.Y. General Business Law 275
  • Producer: means a person producing milk. See N.Y. Agriculture and Markets Law 253
  • Property: shall mean jewelry, watches, and objects made from or containing precious stones or metals. See N.Y. General Business Law 239
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public library system: as used in this article means:
    (1) A library established by one or more counties. See N.Y. Education Law 272
  • Qualified laboratory: shall mean :
    N.Y. General Business Law 350-G
  • Quality mark: is a ny mark as herein defined indicating, describing, identifying or referring to or appearing or seeming or purporting to indicate, describe, identify or refer to the partial or total presence or existence of or the quality of or the percentage of or the purity of or the number of parts of platinum, iridium, palladium, ruthenium, rhodium and/or osmium in any article. See N.Y. General Business Law 230
  • Quorum: The number of legislators that must be present to do business.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • reference and research library resources system: as used in this article means a duly chartered educational institution resulting from the association of a group of institutions of higher education, libraries, non-profit educational institutions, hospitals, and other institutions organized to improve reference and research library resources service. See N.Y. Education Law 272
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restocking fee: shall mean any amount charged by a seller for accepting returned merchandise and paying a refund or credit. See N.Y. General Business Law 217
  • Retail: means the sale of motor fuels to the consuming public for the purposes other than resale. See N.Y. General Business Law 199-A
  • Retail mercantile establishment: shall mean a place where goods, wares or merchandise are offered to the public for sale. See N.Y. General Business Law 217
  • salary: means that amount fixed by or pursuant to law and paid by or for an employer to an employee as compensation for services rendered by the employee to the employer. See N.Y. Education Law 398
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service Station: means any premises whereon the retail sale of motor fuels is conducted as the principal business. See N.Y. General Business Law 199-A
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Snowmobile: shall mean a self-propelled vehicle equipped with a motor, originally manufactured and designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or tracked cleats. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • State agency: shall mean any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • State designated heritage area: shall mean a heritage area designated in section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Statute: A law passed by a legislature.
  • Store: means an individual business establishment at one location including a grocery store, hotel, restaurant, soda fountain, dairy products store, automatic milk vending machine, gasoline station or a similar mercantile establishment offering goods and/or services at retail to individual consumers. See N.Y. Agriculture and Markets Law 253
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • System: means the New York system of heritage areas established pursuant to section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Theatrical employment agency: means any person (as defined in subdivision seven of this section) who procures or attempts to procure employment or engagements for an artist, but such term does not include the business of managing entertainments, exhibitions or performances, or the artists or attractions constituting the same, where such business only incidentally involves the seeking of employment therefor. See N.Y. General Business Law 171
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • trampoline bed: shall mean the flexible surface of a trampoline on which a user jumps or bounces. See N.Y. General Business Law 220
  • trampoline court: shall mean an area of a trampoline park comprising:
    (a) multiple commercial trampolines; or
    (b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See N.Y. General Business Law 220
  • trampoline park: shall mean a place of business that offers the recreational use of a trampoline court for a fee or charge for admission to the trampoline park for entertainment or recreational purposes. See N.Y. General Business Law 220
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Water treatment unit: shall mean a product, device or system designed for personal, family or household use and for which a claim or claims are made that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical or biological processes or combinations thereof. See N.Y. General Business Law 350-G