15.17 - Enjoining violations. - New York Statutes

§ 15.17. Enjoining violations. Any violation of this article or of section 14.05, 14.06 or 14.07 of this chapter shall be deemed to be unlawful for the purposes of invoking sections three hundred forty-nine and three hundred fifty of article twenty-two-A of the general business law, and any person who engages in repeated violations of this article shall be deemed to have demonstrated the persistent fraud or illegality necessary to invoke subdivision twelve of section sixty-three of the executive law. The attorney general may bring an action pursuant to article twenty-two-A of the general business law or a proceeding pursuant to subdivision twelve of section sixty-three of the executive law to enjoin violations of this article and seek restitution for any person entitled thereto. In any such action or proceeding, the attorney general may recover, in addition to any other relief provided in those statutes, a civil penalty of not more than five hundred dollars to be forfeited to the state, provided, however, that with respect to actions brought pursuant to this section to which article twenty-two-A of the general business law applies, the foregoing civil penalty shall be in lieu of any penalty set forth therein. In connection with any such proposed action or proceeding, 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.