§ 815. Penalties. 1. Any manufacturer or distributor found to have violated any provision of section eight hundred thirteen of this article shall be liable to the dealer for all reimbursement required by such section and interest thereon at a rate of prime plus three percent per annum that such amount was due and owing pursuant to such section.

Terms Used In N.Y. General Business Law 815

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

2. Every manufacturer or distributor found to have violated any provision of this article shall be liable to the dealer for any financial injury or other damage suffered by such dealer as a result of such violation, and court costs and reasonable attorney's fees.

3. Any dealer found to have violated any provision of this article shall be liable to the manufacturer or distributor for any financial injury or other damage suffered by such manufacturer or distributor as a result of the violation, and court costs and reasonable attorneys' fees.

4. The provisions of this article shall be in addition to any legal or equitable right that any party has pursuant to any other provision of law or pursuant to any agreement between the parties.

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