State Codes and Statutes

Statutes > New-york > Gbs > Article-36-a > 774

§  774.  Action  by the attorney general. 1. Upon any violation of the  provisions 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 to issue an injunction, and upon notice to  the defendant 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 defendant has violated  this  section,  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 eight thousand  three hundred three of the civil practice  law  and  rules,  and  direct  restitution.    In  connection  with  an  application  made  under  this  section, the  attorney general is authorized to take proof and to make a determination  of the relevant facts and to issue  subpoenas  in  accordance  with  the  civil practice law and rules.    2.  The provisions of this article may be enforced concurrently by the  director of  a  municipal  consumer  affairs  office,  or  by  the  town  attorney,  city  corporation  counsel,  or  other  lawful  designee of a  municipality or local government, and all  moneys  collected  thereunder  shall be retained by such municipality or local government.

State Codes and Statutes

Statutes > New-york > Gbs > Article-36-a > 774

§  774.  Action  by the attorney general. 1. Upon any violation of the  provisions 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 to issue an injunction, and upon notice to  the defendant 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 defendant has violated  this  section,  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 eight thousand  three hundred three of the civil practice  law  and  rules,  and  direct  restitution.    In  connection  with  an  application  made  under  this  section, the  attorney general is authorized to take proof and to make a determination  of the relevant facts and to issue  subpoenas  in  accordance  with  the  civil practice law and rules.    2.  The provisions of this article may be enforced concurrently by the  director of  a  municipal  consumer  affairs  office,  or  by  the  town  attorney,  city  corporation  counsel,  or  other  lawful  designee of a  municipality or local government, and all  moneys  collected  thereunder  shall be retained by such municipality or local government.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gbs > Article-36-a > 774

§  774.  Action  by the attorney general. 1. Upon any violation of the  provisions 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 to issue an injunction, and upon notice to  the defendant 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 defendant has violated  this  section,  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 eight thousand  three hundred three of the civil practice  law  and  rules,  and  direct  restitution.    In  connection  with  an  application  made  under  this  section, the  attorney general is authorized to take proof and to make a determination  of the relevant facts and to issue  subpoenas  in  accordance  with  the  civil practice law and rules.    2.  The provisions of this article may be enforced concurrently by the  director of  a  municipal  consumer  affairs  office,  or  by  the  town  attorney,  city  corporation  counsel,  or  other  lawful  designee of a  municipality or local government, and all  moneys  collected  thereunder  shall be retained by such municipality or local government.