§ 743 — Enforcement by attorney general

§ 743. Enforcement by attorney general. 1. In addition to the other\nremedies provided, whenever there shall be a violation of this article,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this article has occurred, the court shall impose a civil\npenalty of not less than one thousand dollars and not more than three\nthousand dollars for each violation. In connection with any such\nproposed application, the attorney general is authorized to take proof\nand make a determination of the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 2. The provisions of this article may be enforced concurrently by a\nmunicipal consumer affairs office.\n