New York Consolidated Laws, General Business Law - GBS § 784. Penalties and liabilities

1. Failure of the vendor to comply with any of the provisions of this article is a misappropriation of funds and action may be brought by the vendee against the vendor for the return of any moneys advanced. In addition, such vendor shall be liable for criminal action pursuant to the provisions of subdivision two of this section.

2. Failure of the vendor to comply with any of the provisions of this article shall be deemed a misdemeanor.

3. Nothing in this article shall impair, limit or reduce the statutory, common law or contractual duties or liability of any vendor in the construction of a home nor shall these provisions apply to any local law or ordinance which requires the posting of public improvement bonds.