State v. Magley

I respectfully dissent from so much of the majority’s decision as upholds dismissal of that portion of the petition seeking injunctive relief. In my view, the majority much too narrowly restricts the remedies which should be available to the Attorney-General in a proceeding brought under subdivision 12 of section 63 of the Executive Law to protect the public from business and commercial victimization.

Indisputably, respondents failed to offer tenants initial one-year written leases. A violation of a protective statute such as subdivision e of section 233 of the Real Property Law is alone…