Opinion
October 31, 1995
Appeal from the Supreme Court, New York County (Edith Miller, J.).
Respondents were engaged in fraudulent and deceptive "sweepstakes" notifications which involved mass mailing announcements and use of 800- and 900-telephone numbers (maximum penalty of $500 per violation, under General Business Law § 336-b), and use of simulated checks (maximum penalty of $100 per violation, under General Business Law § 396-aa). The petition also charged general deception against consumers, for which the maximum penalty is $500 per violation, under General Business Law § 350-d. Petitioner established entitlement to summary judgment for injunctive relief, restitution and damages (see, Executive Law § 63).
However, the IAS Court abused its discretion in summarily imposing the maximum civil penalties authorized by statute per violation. As long as the number of violations is yet to be determined, the court should have reserved its decision on the level of penalty per violation.
Concur — Rosenberger, J.P., Ellerin, Wallach and Tom, JJ.