Legislation
SECTION 919
Enforcement
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 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.
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.