N.Y. Transportation Law § 90: Action to recover penalties or forfeitures

§ 90. 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 commissioner under the railroad law may be brought in any court of

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

state of New York. 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 of the commissioner the defendant was actually and in good faith

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

order, 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

commissioner upon such terms as the court shall approve and order. An

action may be maintained by the commissioner 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.