§ 271 — Penalty and action to recover

New York § 271

• Jurisdiction: New York
• Law GBS: General Business
• Art. 17: Milk Cans

Text

§ 271. Penalty and action to recover. Any person violating any\nprovision of this article shall forfeit to such owner or dealer or\nshipper or his agent the sum of fifty dollars for every such violation,\nand an action may be brought therefor in the name of any such agent\nwithout joining the real party in interest that he represents, and in\nany such action brought for any such violation different persons may be\njoined as plaintiffs, whether jointly or severally interested therein,\nand different persons may be joined as defendants therein who have\nseverally violated any such provisions, and a recovery may be had in\nfavor of one or more of such plaintiffs against one or more of such\ndefendants.\n Such action may be brought in a court of record having jurisdiction\nthereof, and the place of trial thereof shall in such case be laid in\nthe county where the defendant resides at the time of the commencement\nthereof, or it may be brought in a justice court or other court not of\nrecord having similar jurisdiction, in the town, city or county for\nwhich such court is constituted and in which the defendant resides at\nthe time of the commencement of the action. Any such action must be\nbegun within one year after the cause of action accrued.\n The civil court of the city of New York shall have jurisdiction over\nactions brought under the provisions of this article against residents\nof said city and such court and the judges thereof shall in such actions\nhave and exercise all the powers now conferred by said article on courts\nnot of record, and the sheriff of the city of New York and the marshals\nof said city shall have to like extent the powers of constables provided\nin said article.\n