Section 447. Enforcement; penalties  


Latest version.
  • Whenever there shall be a violation of
      this article, an application may be made by the attorney general in  the
      name of the people of the state of New York to a court or justice having
      jurisdiction  by  a  special proceeding to issue an injunction, and upon
      notice to the defendant of not  less  than  five  days,  to  enjoin  and
      restrain  the  continuance of such violations; and if it shall appear to
      the satisfaction of the court or justice  that  the  defendant  has,  in
      fact,  violated  this article, an injunction may be issued by such 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 five hundred dollars for each violation. In
      connection with any such proposed application, 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.