§ 447 — Enforcement; penalties

New York § 447

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 10-B: Telephone Sales Protection Act

Text

§ 447. Enforcement; penalties. Whenever there shall be a violation of\nthis article, an application may be made by the attorney general in the\nname of the people 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 may impose a civil\npenalty of not more than five hundred dollars for each violation. In\nconnection with any such proposed application, the attorney general is\nauthorized to take proof and make a determination of the relevant facts\nand to issue subpoenas in accordance with the civil practice law and\nrules.\n