N.Y. General Business Law § 734: Remedies; 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.