N.Y. General Business Law § 784: Penalties and liabilities

§ 784. Penalties and liabilities. 1. Failure of the vendor to comply

with any of the provisions of this article is a misappropriation of

funds and action may be brought by the vendee against the vendor for the

return of any moneys advanced. In addition, such vendor shall be liable

for criminal action pursuant to the provisions of subdivision two of

this section.

2. Failure of the vendor to comply with any of the provisions of this

article shall be deemed a misdemeanor.

3. Nothing in this article shall impair, limit or reduce the

statutory, common law or contractual duties or liability of any vendor

in the construction of a home nor shall these provisions apply to any

local law or ordinance which requires the posting of public improvement

bonds.