New York § 734 - 734Remedies; violations and penalties

§ 734. 734Remedies; violations and penalties

§ 734. Remedies; violations and penalties. 1. A buyer injured by a violation of this article may bring an action to recover damages. Judgment may be entered for up to three times the actual damages suffered by a consumer up to one thousand dollars, or one hundred dollars, whichever is greater, if the court finds such violation is willful. The court may also award reasonable attorneys fees to a prevailing plaintiff. 2. Upon any violation of this article, an application may be made by the attorney general in the name of the people of the state to a court or justice having jurisdiction to issue an injunction, and upon notice to the respondent 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 respondent has violated any provision of this article, 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 eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation.