N.Y. Navigation Law § 188: Subrogation of rights

§ 188. Subrogation of rights. Payment of any cleanup costs or damages

by the fund arising from a single incident shall be conditioned upon the

administrator acquiring by subrogation all rights of the claimant to

recovery of such costs or damages from the discharger or other

responsible party. The administrator shall then seek satisfaction from

the discharger or other responsible party in the supreme court if the

discharger or other responsible party does not reimburse the fund. In

any such suit, except as provided by section one hundred eighty-one of

this article, the administrator need prove only that an unlawful

discharge occurred which was the responsibility of the discharger or

other responsible party. The administrator is hereby authorized and

empowered to compromise and settle the amount sought for cost and

damages from the discharger or other responsible party and any penalty

arising under this article.