N.Y. Civil Practice Law & Rules § 7203: Action by common informer

§ 7203. Action by common informer. (a) When maintainable. Where a

penalty or forfeiture is given by a statute to any person, an action to

recover it may be maintained by any person in his own name; but the

action cannot be compromised or settled without the leave of the court.

(b) Service. The summons can be served only by an officer authorized

by law to collect upon an execution issued out of the same court. The

summons cannot be countermanded by the plaintiff before service.

Immediately after it has been served, the officer shall file it with his

certificate of service with the judge who issued it or with the clerk of

the court.

(c) Action not barred by collusive recovery. The plaintiff may

recover, notwithstanding the recovery of a judgment, for or against the

defendant, in an action brought by another person, if the former

judgment was recovered collusively and fraudulently.