N.Y. Energy Law § 12-110: 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.