N.Y. Transportation Law § 111: Liability for damage

§ 111. Liability for damage. In case a common carrier shall do, cause

to be done or permit to be done any act, matter or thing prohibited,

forbidden or declared to be unlawful, or shall omit to do any act,

matter or thing required to be done, either by law or by order of the

commissioner, such common carrier shall be liable to the persons or

corporations affected thereby for all loss, damage or injury caused

thereby or resulting therefrom, and in case of recovery, if the court

shall find that such act or omission was wilful, it may in its

discretion fix a reasonable counsel or attorney's fee, which fee shall

be taxed and collected as part of the costs in the case. An action to

recover for such loss, damage or injury may be brought in any court of

competent jurisdiction by any such person or corporation.