§ 24 — Action to recover penalties or forfeitures

New York § 24

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 1: The Department of Public Service

Text

§ 24. Action to recover penalties or forfeitures. An action to\nrecover a penalty or a forfeiture under this chapter or to enforce the\npowers of the commission may be brought in any court of competent\njurisdiction in this state in the name of the people of the state of New\nYork, and shall be commenced and prosecuted to final judgment by the\ncommission. In any such action all penalties and forfeitures incurred up\nto the time of commencing the same may be sued for and recovered\ntherein, and the commencement of an action to recover a penalty or\nforfeiture shall not be, or be held to be, a waiver of the right to\nrecover any other penalty or forfeiture; if the defendant in such action\nshall prove that during any portion of the time for which it is sought\nto recover penalties or forfeitures for a violation of an order or\nregulation of the commission the defendant was actually and in good\nfaith prosecuting a suit, action or proceeding in the courts to set\naside such order or regulation, the court shall remit the penalties or\nforfeitures incurred during the pendency of such suit, action or\nproceeding. All moneys recovered in any such action, together with the\ncosts thereof, shall be paid into the state treasury to the credit of\nthe general fund. Any such action may be compromised or discontinued on\napplication of the commission upon such terms as the court shall approve\nand order. An action may be maintained by the commission for the whole\nor any part of the penalties or forfeitures prescribed in this chapter,\nand judgment may be rendered for the amount demanded in the complaint,\nor for any less amount, as justice may require.\n