§ 469. Private actions. 1. A franchised motor vehicle dealer who is or
may be aggrieved by a violation of this article shall be entitled to
request an adjudicatory proceeding, as prescribed in section four
hundred seventy-one-a of this article, or in lieu thereof, sue for, and
have, injunctive relief and damages in any court of the state having
jurisdiction over the parties. In any such judicial action or
proceeding, the court may award necessary costs and disbursements plus a
reasonable attorney's fee to any party.

2. Whenever a franchise provides for the use of arbitration to resolve
a controversy arising out of or relating to such contract, arbitration
may be used to settle such controversy only if after such controversy
arises all parties to such controversy consent in writing to use
arbitration to settle such controversy.