§ 90 — Action to recover penalties or forfeitures

§ 90. Action to recover penalties or forfeitures. An action to recover\na penalty or a forfeiture under this chapter or to enforce the powers of\nthe commissioner under the railroad law may be brought in any court of\ncompetent jurisdiction in this state in the name of the people of the\nstate of New York. In any such action all penalties and forfeitures\nincurred up to the time of commencing the same may be sued for and\nrecovered therein, and the commencement of an action to recover a\npenalty or forfeiture shall not be, or be held to be, a waiver of the\nright to recover any other penalty or forfeiture; if the defendant in\nsuch action shall prove that during any portion of the time for which it\nis sought to recover penalties or forfeitures for a violation of an\norder of the commissioner the defendant was actually and in good faith\nprosecuting a suit, action or proceeding in the courts to set aside such\norder, the court shall remit the penalties or forfeitures incurred\nduring the pendency of such suit, action or proceeding. All moneys\nrecovered in any such action, together with the costs thereof, shall be\npaid into the state treasury to the credit of the general fund. Any such\naction may be compromised or discontinued on application of the\ncommissioner upon such terms as the court shall approve and order. An\naction may be maintained by the commissioner for the whole or any part\nof the penalties or forfeitures prescribed in this chapter, and judgment\nmay be rendered for the amount demanded in the complaint, or for any\nless amount, as justice may require.\n