2006 New York Code - Enforcement By Attorney General.

 
    §  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.