12-110 - Violations. - New York Statutes

§ 12-110. Violations. 1. Whenever the attorney general has reason to believe that any violation of this article is a repeated or persistent practice, he may bring an action to enjoin such practice and to obtain restitution for any aggrieved party or parties. In such action preliminary relief may be granted under article sixty-three of the civil practice law and rules. Before any violation of this article is sought to be enjoined, the attorney general shall be required to give the person against whom such proceeding is contemplated notice by certified mail and an opportunity to show in writing within five business days after receipt of notice why proceedings should not be instituted against him, unless the attorney general shall find, in any case in which he seeks preliminary relief, that to give such notice and opportunity is not in the public interest. 2. Any owner of a solar thermal system injured by a violation of any provision of this article issued pursuant thereto may bring an action in his own name to enjoin such violation and to recover his actual damages. In such action, there may be awarded reasonable attorney's fees and costs to the plaintiff. Nothing in this section shall be construed to abridge or limit any other right or remedy an owner may have at law or in equity, statutory or otherwise. Provided, however, that such individual action shall be precluded if, prior to its commencement, the attorney general has commenced an action for an injunction and restitution pursuant to the provisions of subdivision one of this section.