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This entry was published on 2014-09-22
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SECTION 1405
False and misleading statements; penalties; private rights of persons
Public Health (PBH) CHAPTER 45, ARTICLE 14
§ 1405. False and misleading statements; penalties; private rights of
persons. 1. Any solicitation made for the purpose of securing
applications or deposits for contracts for the enrollment of a child
residing in New York in a children's camp located without the state of
New York shall be deemed to be advertising which if false shall be
subject to the provisions of article twenty-two-A of the general
business law; provided, however, that nothing contained in section three
hundred fifty-e of such law shall prevent a party from seeking relief
pursuant to this section.

2. Any person who has entered into a contract and enrolls a child in a
children's camp located without the state of New York where a
solicitation has been made by the use of a material false statement or
in the failure to reveal material facts shall have the right to seek
rescission of such contract and recover any moneys paid whether or not
any performance has been rendered under any such contract; provided,
however, that no action may be maintained if the attorney general has
already commenced proceedings on behalf of such person for such relief.

3. Such relief shall be in addition to any other relief which may be
sought by a party either in law or equity.