§ 91 — Action to restrain

New York § 91

• Jurisdiction: New York
• Law PBL: Public Lands
• Art. 8: Mineral Springs

Text

§ 91. Action to restrain. Any citizen of the state may maintain an\naction to restrain any person or corporation from committing any of the\nunlawful acts specified in section ninety of this chapter, in any city\nor town in which said citizen is assessed for and is liable to pay, or\nwithin one year before the commencement of the action has paid, a tax.\n The attorney-general may at any time, in the exercise of his\ndiscretion, bring and maintain an action in the name of the people of\nthe state of New York, to restrain any person or corporation from any of\nthe unlawful acts specified in section ninety of this chapter. It shall\nbe the duty of the attorney-general to institute and prosecute such an\naction, upon the written request of ten citizens of this state who are\nassessed for taxes therein and whose aggregate assessments amount to not\nless than ten thousand dollars, and who shall state, in writing, facts\nand circumstances showing any such unlawful act or acts and give an\nundertaking with sureties to be approved by a justice of the supreme\ncourt to indemnify the people against the costs of such action.\n