N.Y. Public Health Law § 4618: Civil action

§ 4618. Civil action. Any person who, as or on behalf of an operator,

enters into a contract without having first delivered to the prospective

resident the disclosure statement and annual report required by sections

forty-six hundred six and forty-six hundred seven of this article; or

delivers to the prospective resident a disclosure statement or annual

report that omits a material fact or makes an untrue or misleading

statement of material fact shall be liable to the individual contracting

for services pursuant to such contract for damages and repayment of all

entrance, application, periodic charge, or other fees paid by such

person, less the reasonable cost of care and housing provided until

discovery of the violation or until the violation should reasonably have

been discovered, together with interest, costs, and reasonable

attorney's fees.