2006 New York Code - Violations.



 
    §  12-110. Violations.  1. Whenever the attorney general has reason to
  believe that any violation of this article is a repeated  or  persistent
  practice,  he  may bring an action to enjoin such practice and to obtain
  restitution  for  any  aggrieved  party  or  parties.  In  such   action
  preliminary relief may be granted under article sixty-three of the civil
  practice  law and rules.  Before any violation of this article is sought
  to be enjoined, the attorney general  shall  be  required  to  give  the
  person  against whom such proceeding is contemplated notice by certified
  mail and an opportunity to show in writing  within  five  business  days
  after receipt of notice why proceedings should not be instituted against
  him,  unless  the  attorney  general shall find, in any case in which he
  seeks preliminary relief, that to give such notice  and  opportunity  is
  not in the public interest.
    2.  Any  owner of a solar thermal system injured by a violation of any
  provision of this article issued pursuant thereto may bring an action in
  his own name to enjoin such violation and to recover his actual damages.
  In such action, there may be  awarded  reasonable  attorney's  fees  and
  costs  to  the  plaintiff. Nothing in this section shall be construed to
  abridge or limit any other right or remedy an owner may have at  law  or
  in   equity,  statutory  or  otherwise.  Provided,  however,  that  such
  individual action shall be precluded if, prior to its commencement,  the
  attorney   general  has  commenced  an  action  for  an  injunction  and
  restitution pursuant to  the  provisions  of  subdivision  one  of  this
  section.

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