Legislation
SECTION 774
Action by the attorney general
General Business (GBS) CHAPTER 20, ARTICLE 36-A
§ 774. Action by the attorney general. 1. Upon any violation of the
provisions of this article, an 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 to issue an injunction, and upon notice to
the defendant of not less than five days, to enjoin and restrain the
continuance of the violation. If it shall appear to the satisfaction of
the court or justice that the defendant has violated this section, an
injunction may be issued by the 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 eight thousand
three hundred three of the civil practice law and rules, and direct
restitution.
In connection with an application made under this section, the
attorney general is authorized to take proof and to make a determination
of the relevant facts and to issue subpoenas in accordance with the
civil practice law and rules.
2. The provisions of this article may be enforced concurrently by the
director of a municipal consumer affairs office, or by the town
attorney, city corporation counsel, or other lawful designee of a
municipality or local government, and all moneys collected thereunder
shall be retained by such municipality or local government.
provisions of this article, an 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 to issue an injunction, and upon notice to
the defendant of not less than five days, to enjoin and restrain the
continuance of the violation. If it shall appear to the satisfaction of
the court or justice that the defendant has violated this section, an
injunction may be issued by the 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 eight thousand
three hundred three of the civil practice law and rules, and direct
restitution.
In connection with an application made under this section, the
attorney general is authorized to take proof and to make a determination
of the relevant facts and to issue subpoenas in accordance with the
civil practice law and rules.
2. The provisions of this article may be enforced concurrently by the
director of a municipal consumer affairs office, or by the town
attorney, city corporation counsel, or other lawful designee of a
municipality or local government, and all moneys collected thereunder
shall be retained by such municipality or local government.