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This entry was published on 2014-09-22
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Remedies; violations and penalties
General Business (GBS) CHAPTER 20, ARTICLE 35-A
§ 734. Remedies; violations and penalties. 1. A buyer injured by a
violation of this article may bring an action to recover damages.
Judgment may be entered for up to three times the actual damages
suffered by a consumer up to one thousand dollars, or one hundred
dollars, whichever is greater, if the court finds such violation is
willful. The court may also award reasonable attorneys fees to a
prevailing plaintiff.

2. Upon any violation of this article, an application may be made by
the attorney general in the name of the people of the state to a court
or justice having jurisdiction to issue an injunction, and upon notice
to the respondent of not less than five days, to enjoin and restrain the
continuance of the violation. If it shall appear to the satisfaction of
the court or justice that the respondent has violated any provision of
this article, an injunction may be issued by the court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. Whenever the court shall determine that a violation of this
article has occurred, the court may impose a civil penalty of not more
than one thousand dollars for each violation.