§ 734 — Remedies; violations and penalties

New York § 734

• Jurisdiction: New York
• Law GBS: General Business
• Art. 35-A: Aftermarket Rustproofing Warranties of New Motor Vehicles

Text

§ 734. Remedies; violations and penalties. 1. A buyer injured by a\nviolation of this article may bring an action to recover damages.\nJudgment may be entered for up to three times the actual damages\nsuffered by a consumer up to one thousand dollars, or one hundred\ndollars, whichever is greater, if the court finds such violation is\nwillful. The court may also award reasonable attorneys fees to a\nprevailing plaintiff.\n 2. Upon any violation of this article, an application may be made by\nthe attorney general in the name of the people of the state to a court\nor justice having jurisdiction to issue an injunction, and upon notice\nto the respondent of not less than five days, to enjoin and restrain the\ncontinuance of the violation. If it shall appear to the satisfaction of\nthe court or justice that the respondent has violated any provision of\nthis article, an injunction may be issued by the court or justice,\nenjoining and restraining any further violation, without requiring proof\nthat any person has, in fact, been injured or damaged thereby. In any\nsuch proceeding, the court may make allowances to the attorney general\nas provided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\narticle has occurred, the court may impose a civil penalty of not more\nthan one thousand dollars for each violation.\n