§ 753. Sale of animal. 1. If, within fourteen business days following
the sale of an animal subject to this article or receipt of the written
notice required by section seven hundred fifty-four of this article,
whichever occurred last, a veterinarian of the consumer's choosing,
licensed by a state certifies such animal to be unfit for purchase due
to illness or the presence of symptoms of a contagious or infectious
disease, or if, within one hundred eighty calendar days following such
sale or receipt, whichever occurred last, a licensed veterinarian
certifies such animal to be unfit for purchase due to a congenital
malformation which adversely affects the health of the animal, the pet
dealer shall afford the consumer the right to choose one of the
following options:

(a) The right to return the animal and receive a refund of the
purchase price including sales tax and reasonable veterinary costs
directly related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section;

(b) The right to return the animal and to receive an exchange animal
of the consumer's choice of equivalent value and reasonable veterinary
costs directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section; or

(c) The right to retain the animal and to receive reimbursement from a
pet dealer for veterinary services from a licensed veterinarian of the
consumer's choosing, for the purpose of curing or attempting to cure the
animal. The reasonable value of reimbursable services rendered to cure
or attempting to cure the animal shall not exceed the purchase price of
the animal. The value of such services is reasonable if comparable to
the value of similar services rendered by other licensed veterinarians
in proximity to the treating veterinarian. Such reimbursement shall not
include the costs of initial veterinary examination fees and diagnostic
fees not directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section.

The commissioner by regulations shall prescribe a form for, and the
content of, the certification that an animal is unfit for purchase,
which shall be provided by an examining veterinarian to a consumer upon
the examination of an animal which is subject to the provisions of this
section. Such form shall include, but not be limited to, information
which identifies the type of animal, the owner, the date and diagnosis
of the animal, the treatment recommended if any, and an estimate or the
actual cost of such treatment. Such form shall also include the notice
prescribed in section seven hundred fifty-four of this article.

The commissioner by regulations shall prescribe information which
shall be provided in writing by the pet dealer to the consumer upon the
sale of the animal. Such information shall include, but not be limited
to, a description, including breed of the animal, the date of purchase,
the name, address and telephone number of the consumer, and the amount
of the purchase. The pet dealer shall certify such information by
signing the document in which it is contained.

2. The refund and/or reimbursement required by subdivision one of this
section shall be made by the pet dealer not later than ten business days
following receipt of a signed veterinary certification as herein
required. Such certification shall be presented to the pet dealer not
later than three business days following receipt thereof by the
consumer.

2-a. Every pet dealer who sells an animal required to be vaccinated
against rabies, pursuant to section twenty-one hundred forty-one of the
public health law, to a consumer shall provide the consumer at point of
sale with a written notice, provided by the department of health,
summarizing rabies immunization requirements.

3. A veterinary finding of intestinal parasites shall not be grounds
for declaring the animal unfit for sale unless the animal is clinically
ill due to such condition. An animal may not be found unfit for sale on
account of an injury sustained or illness contracted subsequent to the
consumer taking possession thereof.

4. In the event that a pet dealer wishes to contest a demand for
refund, exchange or reimbursement made by a consumer pursuant to this
section, such dealer shall have the right to require the consumer to
produce the animal for examination by a licensed veterinarian designated
by such dealer. Upon such examination, if the consumer and the dealer
are unable to reach an agreement which constitutes one of the options
set forth in subdivision one of this section within ten business days
following receipt of the animal for such examination, the consumer may
initiate an action in a court of competent jurisdiction to recover or
obtain such refund, exchange and/or reimbursement.

5. Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a consumer under any other
law.