§ 90. Action to recover penalties or forfeitures. An action to recover
a penalty or a forfeiture under this chapter or to enforce the powers of
the commissioner under the railroad law may be brought in any court of
competent jurisdiction in this state in the name of the people of the
state of New York. In any such action all penalties and forfeitures
incurred up to the time of commencing the same may be sued for and
recovered therein, and the commencement of an action to recover a
penalty or forfeiture shall not be, or be held to be, a waiver of the
right to recover any other penalty or forfeiture; if the defendant in
such action shall prove that during any portion of the time for which it
is sought to recover penalties or forfeitures for a violation of an
order of the commissioner the defendant was actually and in good faith
prosecuting a suit, action or proceeding in the courts to set aside such
order, the court shall remit the penalties or forfeitures incurred
during the pendency of such suit, action or proceeding. All moneys
recovered in any such action, together with the costs thereof, shall be
paid into the state treasury to the credit of the general fund. Any such
action may be compromised or discontinued on application of the
commissioner upon such terms as the court shall approve and order. An
action may be maintained by the commissioner for the whole or any part
of the penalties or forfeitures prescribed in this chapter, and judgment
may be rendered for the amount demanded in the complaint, or for any
less amount, as justice may require.