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N.Y. Arts and Cultural Affairs Law § 15.17

Enjoining violations

2014-09-22

§ 15.17. Enjoining violations. Any violation of this article or of\nsection 14.05, 14.06 or 14.07 of this chapter shall be deemed to be\nunlawful for the purposes of invoking sections three hundred forty-nine\nand three hundred fifty of article twenty-two-A of the general business\nlaw, and any person who engages in repeated violations of this article\nshall be deemed to have demonstrated the persistent fraud or illegality\nnecessary to invoke subdivision twelve of section sixty-three of the\nexecutive law. The attorney general may bring an action pursuant to\narticle twenty-two-A of the general business law or a proceeding\npursuant to subdivision twelve of section sixty-three of the executive\nlaw to enjoin violations of this article and seek restitution for any\nperson entitled thereto. In any such action or proceeding, the attorney\ngeneral may recover, in addition to any other relief provided in those\nstatutes, a civil penalty of not more than five hundred dollars to be\nforfeited to the state, provided, however, that with respect to actions\nbrought pursuant to this section to which article twenty-two-A of the\ngeneral business law applies, the foregoing civil penalty shall be in\nlieu of any penalty set forth therein. In connection with any such\nproposed action or proceeding, the attorney general is authorized to\ntake proof and make a determination of the relevant facts, and to issue\nsubpoenas in accordance with the civil practice law and rules.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.