§ 7203 — Action by common informer

New York § 7203

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 72: Recovery of Penalty or Forfeiture

Text

§ 7203. Action by common informer. (a) When maintainable. Where a\npenalty or forfeiture is given by a statute to any person, an action to\nrecover it may be maintained by any person in his own name; but the\naction cannot be compromised or settled without the leave of the court.\n (b) Service. The summons can be served only by an officer authorized\nby law to collect upon an execution issued out of the same court. The\nsummons cannot be countermanded by the plaintiff before service.\nImmediately after it has been served, the officer shall file it with his\ncertificate of service with the judge who issued it or with the clerk of\nthe court.\n (c) Action not barred by collusive recovery. The plaintiff may\nrecover, notwithstanding the recovery of a judgment, for or against the\ndefendant, in an action brought by another person, if the former\njudgment was recovered collusively and fraudulently.\n