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This entry was published on 2014-09-22
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SECTION 5-1709
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 17
§ 5-1709. Enforcement. (a) In addition to the other remedies provided,
whenever there shall be a violation of this title, application may be
made by the attorney general in the name of the people of the state of
New York to a court of competent 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 title, 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 proceedings, 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 title has occurred, the court may
impose a civil penalty of not more than one thousand dollars for each
violation. 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.

(b) Any payee injured by a violation of this title may bring an action
for the recovery of damages. The court may award reasonable attorney's
fees to the prevailing plaintiff.