§ 919 — Enforcement

New York § 919

• Jurisdiction: New York
• Law GBS: General Business
• Art. 40: Peer-to-peer Car Sharing Programs

Text

§ 919. Enforcement. 1. Except where a different penalty is\nspecifically imposed pursuant to any provision of this article, any\npeer-to-peer car sharing program found by a court of competent\njurisdiction to have violated a provision of this article shall be\nsubject to a penalty of not less than five hundred dollars nor more than\none thousand dollars for each violation.\n 2. (a) Whenever there shall be a violation of this section, an\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court of competent jurisdiction by\na special proceeding for the imposition of a fine or the issuance of an\ninjunction against any violation of this section, upon notice to such\npeer-to-peer car sharing program of not less than five days, to enjoin\nand restrain the continuance of such violations.\n (b) If the court finds that the defendant has, in fact, violated this\nsection, an injunction may be issued by such court, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby.\n (c) In any proceeding authorized pursuant to this subdivision, the\ncourt may direct restitution and make allowances to the attorney general\nas provided in section sixty-three of the executive law.\n (d) In support of any application pursuant to this subdivision, the\nattorney general is authorized to take proof, determine relevant fact\nand issue subpoenas in accordance with the civil practice law and rules.\n 3. Any clause or provision of a peer-to-peer car sharing agreement\ninconsistent with the provisions of this article shall be deemed void as\nagainst public policy.\n