Section 734. Remedies; violations and penalties  


Latest version.
  • 1. A buyer injured by a
      violation of this article  may  bring  an  action  to  recover  damages.
      Judgment  may  be  entered  for  up  to  three  times the actual damages
      suffered by a consumer up  to  one  thousand  dollars,  or  one  hundred
      dollars,  whichever  is  greater,  if  the court finds such violation is
      willful. The court  may  also  award  reasonable  attorneys  fees  to  a
      prevailing plaintiff.
        2.  Upon  any violation of this article, an application may be made by
      the attorney general in the name of the people of the state to  a  court
      or  justice  having jurisdiction to issue an injunction, and upon notice
      to the respondent 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 respondent has violated any provision of
      this article, 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 eighty-three
      hundred  three  of  the  civil  practice  law  and  rules,  and   direct
      restitution. Whenever the court shall determine that a violation of this
      article  has  occurred, the court may impose a civil penalty of not more
      than one thousand dollars for each violation.