§ 5-1709 — Enforcement

§ 5-1709. Enforcement. (a) In addition to the other remedies provided,\nwhenever there shall be a violation of this title, application may be\nmade by the attorney general in the name of the people of the state of\nNew York to a court of competent jurisdiction by a special proceeding to\nissue an injunction, and upon notice to the defendant of not less than\nfive days, to enjoin and restrain the continuance of such violations;\nand if it shall appear to the satisfaction of the court or justice that\nthe defendant has, in fact, violated this title, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceedings, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. Whenever the court shall\ndetermine that a violation of this title has occurred, the court may\nimpose a civil penalty of not more than one thousand dollars for each\nviolation. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n (b) Any payee injured by a violation of this title may bring an action\nfor the recovery of damages. The court may award reasonable attorney's\nfees to the prevailing plaintiff.\n