N.Y. GBS Law § 89-HH

§ 89-hh. Enforcement by attorney general. In addition to the other\nremedies provided, whenever there shall be a violation of this article,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules.\nWhenever the court shall determine that a violation of this article has\noccurred, the court may impose a civil penalty of not more than one\nthousand dollars for each violation. Provided, however, a process server\nor agency may not be held liable for penalty in any action brought under\nthis section for violation of this article, if the process server or\nagency shows by a preponderance of the evidence that the violation was\nnot intentional and resulted from a bona fide error, notwithstanding the\nmaintenance of procedures reasonably adopted to avoid any such error.\nExamples of a bona fide error include, but are not limited to, clerical\ncalculation, computer malfunction and programming and printing errors.\nIn connection with any such proposed application, the attorney general\nis authorized to take proof and make a determination of the relevant\nfacts and to issue subpoenas in accordance with the civil practice law\nand rules.\n