N.Y. General Obligations Law § 5-1709: Enforcement

§ 5-1709. Enforcement. (a) In addition to the other remedies provided,

whenever there shall be a violation of this title, 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 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 title, 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 proceedings, 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 title has occurred, the court may

impose a civil penalty of not more than one thousand dollars for each

violation. 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.

(b) Any payee injured by a violation of this title may bring an action

for the recovery of damages. The court may award reasonable attorney's

fees to the prevailing plaintiff.