N.Y. GBS. LAW § 514 : NY Code - Section 514: Defenses

Search N.Y. GBS. LAW § 514 : NY Code - Section 514: Defenses

1. In any action for a cash advance or loan or for
  the purchase or lease of property or  services  through  the  use  of  a
  credit card or a debit card, it shall be a defense that such obligation
    (a) arose out of the unauthorized use of a credit card or a debit card
  which was not delivered to the holder; or
    (b)  arose  subsequent  to  the  giving of notice by the holder to the
  issuer of the unauthorized use, loss or theft, of such  credit  card  or
  debit card; or
    (c)  is  in excess of the limitation of liability for the unauthorized
  use of a credit card provided in the act of congress entitled "Truth  in
  Lending Act" and the regulations thereunder, as such act and regulations
  may from time to time be amended.
    2. If any of the defenses set forth in subdivision one of this section
  be  established,  the court shall order the issuer to pay the reasonable
  attorney's fees incurred in the defense of the action if the court finds
    (a) that the holder has cooperated with the issuer in determining  the
  facts  and  circumstances  relating  to  such  unauthorized use, loss or
  theft, of the credit card or debit card; and
    (b) that notwithstanding such cooperation with the issuer, the  issuer
  has brought the action without reasonable cause.