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This entry was published on 2014-09-22
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SECTION 89-HH
Enforcement by attorney general
General Business (GBS) CHAPTER 20, ARTICLE 8-A
§ 89-hh. Enforcement by attorney general. In addition to the other
remedies provided, whenever there shall be a violation of this article,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such 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.
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. Provided, however, a process server
or agency may not be held liable for penalty in any action brought under
this section for violation of this article, if the process server or
agency shows by a preponderance of the evidence that the violation was
not intentional and resulted from a bona fide error, notwithstanding the
maintenance of procedures reasonably adopted to avoid any such error.
Examples of a bona fide error include, but are not limited to, clerical
calculation, computer malfunction and programming and printing errors.
In connection with any such proposed application, the attorney general
is authorized to take proof and make a determination of the relevant
facts and to issue subpoenas in accordance with the civil practice law
and rules.