2006 New York Code - Enforcement.

 
    §  20-703  Enforcement.  a.  The  violation  of  any provision of this
  subchapter or of any rule or regulation promulgated thereunder, shall be
  punishable upon proof thereof, by the payment of a civil penalty in  the
  sum of fifty dollars to three hundred and fifty dollars, to be recovered
  in a civil action.
    b. The knowing violation of any provision of this subchapter or of any
  rule  or  regulation  promulgated  thereunder,  shall be punishable upon
  conviction thereof, by the payment of a civil penalty in the sum of five
  hundred dollars, or as a violation for which a fine in the sum  of  five
  hundred dollars shall be imposed, or both.
    c.  Upon  a  finding  by  the  commissioner  of  repeated, multiple or
  persistent violation of any provision of this subchapter or of any  rule
  or   regulation   promulgated   thereunder,  the  city  may,  except  as
  hereinafter provided,  bring  an  action  to  compel  the  defendant  or
  defendants  in such action to pay in court all monies, property or other
  things, or proceeds thereof, received as a result of such violations; to
  direct that the  amount  of  money  or  the  property  or  other  things
  recovered  be  paid  into an account established pursuant to section two
  thousand six hundred one of the civil practice law and rules from  which
  shall  be  paid  over  to any and all persons who purchased the goods or
  services during the period of violation such sum as was paid by them  in
  a transaction involving the prohibited acts or practices, plus any costs
  incurred  by  such  claimants  in  making and pursuing their complaints;
  provided that if such claims exceed the sum recovered into the  account,
  the awards to consumers shall be prorated according to the value of each
  claim proved; to direct the defendant or defendants, upon conviction, to
  pay  to  the  city the costs, and disbursements of the action and pay to
  the city for the use of  the  commissioner  the  costs  of  his  or  her
  investigation  leading  to  the  judgment;  or  if  not  recovered  from
  defendants, such costs are to be deducted by the  city  from  the  grand
  recovery  before  distribution  to the consumers; and to direct that any
  money, property, or other things in the account  and  unclaimed  by  any
  persons  with  such claims within one year from creation of the account,
  be paid to the city, to be used by the commissioner for further consumer
  law enforcement activities. Consumers making claims against  an  account
  established pursuant to this subdivision shall prove their claims to the
  commissioner  in  a  manner and subject to procedures established by the
  commissioner for that purpose. The procedures established in  each  case
  for  proving  claims  shall not be employed until approved by the court,
  which shall also establish by order  the  minimum  means  by  which  the
  commissioner  shall  notify  potential  claimants of the creation of the
  account. Restitution pursuant to a judgment  in  an  action  under  this
  subdivision  shall  bar,  pro  tanto, the recovery of any damages in any
  other action against the same defendant or defendants on account of  the
  same acts or practices which were the basis for such judgment, up to the
  time  of  the  judgment, by any person to whom such restitution is made.
  Restitution under this  subdivision  shall  not  apply  to  transactions
  entered  into more than five years prior to commencement of an action by
  the commissioner. Before instituting an action under  this  subdivision,
  the  commissioner shall give the prospective defendant written notice of
  the possible action, and an opportunity to demonstrate in writing within
  five days, that no repeated, multiple,  or  persistent  violations  have
  occurred.
    d.  Whenever  any  person  has  engaged in any acts or practices which
  constitute violations of any provision of this subchapter or of any rule
  or regulation promulgated thereunder, the city may make  application  to
  the  supreme court for an order enjoining such acts or practices and for


  an order granting  a  temporary  or  permanent  injunction,  restraining
  order, or other order enjoining such acts or practices.
    e.  To  establish  a cause of action under this section it need not be
  shown that consumers are being or were actually injured.