N.Y. Vehicle & Traffic Law § 469: Private actions

§ 469. Private actions. 1. A franchised motor vehicle dealer who is or

may be aggrieved by a violation of this article shall be entitled to

request an adjudicatory proceeding, as prescribed in section four

hundred seventy-one-a of this article, or in lieu thereof, sue for, and

have, injunctive relief and damages in any court of the state having

jurisdiction over the parties. In any such judicial action or

proceeding, the court may award necessary costs and disbursements plus a

reasonable attorney's fee to any party.

2. Whenever a franchise provides for the use of arbitration to resolve

a controversy arising out of or relating to such contract, arbitration

may be used to settle such controversy only if after such controversy

arises all parties to such controversy consent in writing to use

arbitration to settle such controversy.