2019 New York Laws
GOB - General Obligations
Article 5 - Creation, Definition and Enforcement of Contractual Obligations
Title 17 - Structured Settlement Protection Act
5-1709 - Enforcement.

§ 5-1709. Enforcement. (a) In addition to the other remedies provided,
whenever  there  shall  be a violation of this title, application may be
made by the attorney general in the name of the people of the  state  of
New York to a court of competent 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 title, 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 proceedings, 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, and direct restitution. Whenever the court shall
determine that a violation of this title has  occurred,  the  court  may
impose  a  civil  penalty of not more than one thousand dollars for each
violation.  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.

(b) Any payee injured by a violation of this title may bring an action for the recovery of damages. The court may award reasonable attorney's fees to the prevailing plaintiff.

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