N.Y. General Business Law § 919: Enforcement

§ 919. Enforcement. 1. Except where a different penalty is

specifically imposed pursuant to any provision of this article, any

peer-to-peer car sharing program found by a court of competent

jurisdiction to have violated a provision of this article shall be

subject to a penalty of not less than five hundred dollars nor more than

one thousand dollars for each violation.

2. (a) Whenever there shall be a violation of this section, an

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

people of the state of New York to a court of competent jurisdiction by

a special proceeding for the imposition of a fine or the issuance of an

injunction against any violation of this section, upon notice to such

peer-to-peer car sharing program of not less than five days, to enjoin

and restrain the continuance of such violations.

(b) If the court finds that the defendant has, in fact, violated this

section, an injunction may be issued by such court, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby.

(c) In any proceeding authorized pursuant to this subdivision, the

court may direct restitution and make allowances to the attorney general

as provided in section sixty-three of the executive law.

(d) In support of any application pursuant to this subdivision, the

attorney general is authorized to take proof, determine relevant fact

and issue subpoenas in accordance with the civil practice law and rules.

3. Any clause or provision of a peer-to-peer car sharing agreement

inconsistent with the provisions of this article shall be deemed void as

against public policy.