N.Y. General Business Law § 89-v: Enforcement by attorney general

§ 89-v. Enforcement by attorney general. In addition to the other

remedies provided, whenever there shall be a violation of this article,

application may be made by the attorney general in the name of the

people of the state of New York to a court or justice having

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 article, 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 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.

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. Provided, however, a process server

or agency may not be held liable for penalty in any action brought under

this section for violation of this article, if the process server or

agency shows by a preponderance of the evidence that the violation was

not intentional and resulted from a bona fide error, notwithstanding the

maintenance of procedures reasonably adopted to avoid any such error.

Examples of a bona fide error include, but are not limited to, clerical

calculation, computer malfunction and programming and printing errors.

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.