N.Y. Public Service Law § 24: Action to recover penalties or forfeitures

§ 24. Action to recover penalties or forfeitures. An action to

recover a penalty or a forfeiture under this chapter or to enforce the

powers of the commission may be brought in any court of competent

jurisdiction in this state in the name of the people of the state of New

York, and shall be commenced and prosecuted to final judgment by the

commission. In any such action all penalties and forfeitures incurred up

to the time of commencing the same may be sued for and recovered

therein, and the commencement of an action to recover a penalty or

forfeiture shall not be, or be held to be, a waiver of the right to

recover any other penalty or forfeiture; if the defendant in such action

shall prove that during any portion of the time for which it is sought

to recover penalties or forfeitures for a violation of an order or

regulation of the commission the defendant was actually and in good

faith prosecuting a suit, action or proceeding in the courts to set

aside such order or regulation, the court shall remit the penalties or

forfeitures incurred during the pendency of such suit, action or

proceeding. All moneys recovered in any such action, together with the

costs thereof, shall be paid into the state treasury to the credit of

the general fund. Any such action may be compromised or discontinued on

application of the commission upon such terms as the court shall approve

and order. An action may be maintained by the commission for the whole

or any part of the penalties or forfeitures prescribed in this chapter,

and judgment may be rendered for the amount demanded in the complaint,

or for any less amount, as justice may require.