§ 774 — Action by the attorney general

New York § 774

• Jurisdiction: New York
• Law GBS: General Business
• Art. 36-A: Home Improvement Contracts

Text

§ 774. Action by the attorney general. 1. Upon any violation of the\nprovisions of this article, an application may be made by the attorney\ngeneral in the name of the people of the state of New York to a court or\njustice having jurisdiction to issue an injunction, and upon notice to\nthe defendant 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 defendant has violated this section, an\ninjunction may be issued by the court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eight thousand\nthree hundred three of the civil practice law and rules, and direct\nrestitution.\n In connection with an application made under this section, the\nattorney general is authorized to take proof and to make a determination\nof the relevant facts and to issue subpoenas in accordance with the\ncivil practice law and rules.\n 2. The provisions of this article may be enforced concurrently by the\ndirector of a municipal consumer affairs office, or by the town\nattorney, city corporation counsel, or other lawful designee of a\nmunicipality or local government, and all moneys collected thereunder\nshall be retained by such municipality or local government.\n