§ 12-110 — Violations

New York § 12-110

• Jurisdiction: New York
• Law ENG: Energy
• Art. 12: Solar Energy Products Warranty Act

Text

§ 12-110. Violations. 1. Whenever the attorney general has reason to\nbelieve that any violation of this article is a repeated or persistent\npractice, he may bring an action to enjoin such practice and to obtain\nrestitution for any aggrieved party or parties. In such action\npreliminary relief may be granted under article sixty-three of the civil\npractice law and rules. Before any violation of this article is sought\nto be enjoined, the attorney general shall be required to give the\nperson against whom such proceeding is contemplated notice by certified\nmail and an opportunity to show in writing within five business days\nafter receipt of notice why proceedings should not be instituted against\nhim, unless the attorney general shall find, in any case in which he\nseeks preliminary relief, that to give such notice and opportunity is\nnot in the public interest.\n 2. Any owner of a solar thermal system injured by a violation of any\nprovision of this article issued pursuant thereto may bring an action in\nhis own name to enjoin such violation and to recover his actual damages.\nIn such action, there may be awarded reasonable attorney's fees and\ncosts to the plaintiff. Nothing in this section shall be construed to\nabridge or limit any other right or remedy an owner may have at law or\nin equity, statutory or otherwise. Provided, however, that such\nindividual action shall be precluded if, prior to its commencement, the\nattorney general has commenced an action for an injunction and\nrestitution pursuant to the provisions of subdivision one of this\nsection.\n