Legislation
SECTION 7203
Action by common informer
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 72
§ 7203. Action by common informer. (a) When maintainable. Where a
penalty or forfeiture is given by a statute to any person, an action to
recover it may be maintained by any person in his own name; but the
action cannot be compromised or settled without the leave of the court.
(b) Service. The summons can be served only by an officer authorized
by law to collect upon an execution issued out of the same court. The
summons cannot be countermanded by the plaintiff before service.
Immediately after it has been served, the officer shall file it with his
certificate of service with the judge who issued it or with the clerk of
the court.
(c) Action not barred by collusive recovery. The plaintiff may
recover, notwithstanding the recovery of a judgment, for or against the
defendant, in an action brought by another person, if the former
judgment was recovered collusively and fraudulently.
penalty or forfeiture is given by a statute to any person, an action to
recover it may be maintained by any person in his own name; but the
action cannot be compromised or settled without the leave of the court.
(b) Service. The summons can be served only by an officer authorized
by law to collect upon an execution issued out of the same court. The
summons cannot be countermanded by the plaintiff before service.
Immediately after it has been served, the officer shall file it with his
certificate of service with the judge who issued it or with the clerk of
the court.
(c) Action not barred by collusive recovery. The plaintiff may
recover, notwithstanding the recovery of a judgment, for or against the
defendant, in an action brought by another person, if the former
judgment was recovered collusively and fraudulently.