2013 New York Consolidated Laws
GBS - General Business
Article 36-A - (770 - 776) HOME IMPROVEMENT CONTRACTS
774 - Action by the attorney general.


NY Gen Bus L § 774 (2012) What's This?
 
    §  774.  Action  by the attorney general. 1. Upon any violation of the
  provisions of this article, an 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 to issue an injunction, and upon notice to
  the defendant of not less than five days, to  enjoin  and  restrain  the
  continuance  of the violation. If it shall appear to the satisfaction of
  the court or justice that the defendant has violated  this  section,  an
  injunction  may  be  issued  by  the  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 eight thousand
  three hundred three of the civil practice  law  and  rules,  and  direct
  restitution.
    In  connection  with  an  application  made  under  this  section, the
  attorney general is authorized to take proof and to make a determination
  of the relevant facts and to issue  subpoenas  in  accordance  with  the
  civil practice law and rules.
    2.  The provisions of this article may be enforced concurrently by the
  director of  a  municipal  consumer  affairs  office,  or  by  the  town
  attorney,  city  corporation  counsel,  or  other  lawful  designee of a
  municipality or local government, and all  moneys  collected  thereunder
  shall be retained by such municipality or local government.

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