§ 899-n. Civil remedies. 1. An educational institution shall have a right of action against an athlete agent for damages caused by any violation of this article. In an action brought pursuant to this section, the court may award reasonable attorney's fees to a prevailing plaintiff.

Terms Used In N.Y. General Business Law 899-N

  • Athlete agent: means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. See N.Y. General Business Law 899-A
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity. See N.Y. General Business Law 899-A
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Student-athlete: means an individual who engages in, is eligible to engage in, may be eligible in the future to engage in or was eligible in the past thirty days to engage in any intercollegiate or interscholastic sport. See N.Y. General Business Law 899-A

2. The damages of an educational institution pursuant to subdivision one of this section shall include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this article or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

3. A right of action under this section shall not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.

4. This article shall not be deemed to restrict rights, remedies or defenses of any person under law or equity.