60.05 - Private remedies. - New York Statutes

§ 60.05. Private remedies. Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by section 60.02 of this article, or by the furnishing by a dealer of a certificate of authenticity that contains information that the dealer knows or has reason to believe is materially false may bring an action for recovery of damages after giving the dealer fifteen days notice by certified mail, return receipt requested. In any such action the court may allow the prevailing consumer the costs of the action together with reasonable attorney's fees and expert witnesses' fees. A dealer may assert the tender of a refund of the original purchase price as a full defense to such an action when such refund has been tendered prior to the commencement of such action. This remedy shall not bar or be deemed inconsistent with the exercise of additional remedies otherwise available to the consumer.