Legislation
SECTION 271
Penalty and action to recover
General Business (GBS) CHAPTER 20, ARTICLE 17
§ 271. Penalty and action to recover. Any person violating any
provision of this article shall forfeit to such owner or dealer or
shipper or his agent the sum of fifty dollars for every such violation,
and an action may be brought therefor in the name of any such agent
without joining the real party in interest that he represents, and in
any such action brought for any such violation different persons may be
joined as plaintiffs, whether jointly or severally interested therein,
and different persons may be joined as defendants therein who have
severally violated any such provisions, and a recovery may be had in
favor of one or more of such plaintiffs against one or more of such
defendants.
Such action may be brought in a court of record having jurisdiction
thereof, and the place of trial thereof shall in such case be laid in
the county where the defendant resides at the time of the commencement
thereof, or it may be brought in a justice court or other court not of
record having similar jurisdiction, in the town, city or county for
which such court is constituted and in which the defendant resides at
the time of the commencement of the action. Any such action must be
begun within one year after the cause of action accrued.
The civil court of the city of New York shall have jurisdiction over
actions brought under the provisions of this article against residents
of said city and such court and the judges thereof shall in such actions
have and exercise all the powers now conferred by said article on courts
not of record, and the sheriff of the city of New York and the marshals
of said city shall have to like extent the powers of constables provided
in said article.
provision of this article shall forfeit to such owner or dealer or
shipper or his agent the sum of fifty dollars for every such violation,
and an action may be brought therefor in the name of any such agent
without joining the real party in interest that he represents, and in
any such action brought for any such violation different persons may be
joined as plaintiffs, whether jointly or severally interested therein,
and different persons may be joined as defendants therein who have
severally violated any such provisions, and a recovery may be had in
favor of one or more of such plaintiffs against one or more of such
defendants.
Such action may be brought in a court of record having jurisdiction
thereof, and the place of trial thereof shall in such case be laid in
the county where the defendant resides at the time of the commencement
thereof, or it may be brought in a justice court or other court not of
record having similar jurisdiction, in the town, city or county for
which such court is constituted and in which the defendant resides at
the time of the commencement of the action. Any such action must be
begun within one year after the cause of action accrued.
The civil court of the city of New York shall have jurisdiction over
actions brought under the provisions of this article against residents
of said city and such court and the judges thereof shall in such actions
have and exercise all the powers now conferred by said article on courts
not of record, and the sheriff of the city of New York and the marshals
of said city shall have to like extent the powers of constables provided
in said article.