2006 New York Code - Civil Remedies.

 
    §  8-208  Civil  remedies.  1.  (a)  Any owner of real property who is
  induced to sell his or her property through or to a real  estate  broker
  or  real  estate  dealer  by  acts committed by such broker or dealer in
  violation of  section  8-203  or  section  8-205  of  this  chapter  may
  institute a civil action against such broker or dealer.
    (b) If, in an action instituted pursuant to this subdivision, judgment
  is  rendered  in  favor of plaintiff, such plaintiff shall be awarded as
  damages
    (i) the  amount  of  any  gains,  whether  in  the  form  of  profits,
  commission,  or  otherwise,  realized  by defendant as the result of the
  first subsequent  arm's  length  sale,  exchange,  or  transfer  of  the
  property,  or,  if  defendant  acted  as  a  broker,  the  amount of any
  commissions  received  by  defendant  through  the  sale,  exchange,  or
  transfer  of  plaintiff's  property,  such  gains  in  all  cases  to be
  calculated without regard to any expenses incurred by the defendant, and
  may in addition be awarded reasonable attorneys' fees and  court  costs;
  or
    (ii)  if  the  defendant has not realized any gains as defined in this
  subdivision, an amount equal to the difference  between  the  price  for
  which  plaintiff  sold  his or her property and the fair market value at
  the time of the sale, or the fair market value of the  property  at  the
  time  the  action is commenced, whichever difference is greater, and may
  in addition be awarded reasonable attorneys' fees and court costs.
    2. (a) Any buyer, through or from a real estate broker or real  estate
  dealer,  of real property the last owner of which, excluding such broker
  or dealer, was induced to sell, exchange or transfer his or her property
  by acts committed by such broker or dealer in violation of section 8-203
  or section 8-205 of this chapter may institute a  civil  action  against
  such broker or dealer.
    (b)  If,  in  an  action  instituted pursuant to paragraph (a) of this
  subdivision, judgment is rendered in favor of plaintiff,  the  plaintiff
  shall be awarded as damages the amount of any gains, whether in the form
  of  profits,  commission,  or  otherwise,  realized  by defendant as the
  result of such plaintiff's purchase of the property, such gains  in  all
  cases  to  be  calculated without regard to any expenses incurred by the
  defendant, and may in addition be awarded reasonable attorneys' fees and
  court costs.
    3. With respect to the sale, exchange or transfer of any property, the
  liability of a broker or dealer  created  by  subdivision  two  of  this
  section  shall be independent of and additional to the liability of such
  broker or dealer created by subdivision one of this section.