N.Y. Civil Practice Law and Rules 7201 – Action by state
§ 7201. Action by state. (a) Statutory penalty or forfeiture. Where property has been forfeited or a penalty incurred to the state or to an officer, for its use, pursuant to statute, the attorney-general, or the district attorney of the county in which the action is triable, if such an action has not already been brought by the attorney-general, shall commence an action to recover the property or penalty. A recovery in such an action bars the recovery in any other action brought for the same cause.
Terms Used In N.Y. Civil Practice Law and Rules 7201
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Personal property: All property that is not real property.
- Statute: A law passed by a legislature.
(b) Forfeiture on conviction for treason. Where personal property is forfeited to the state upon a conviction of outlawry for treason, the attorney-general shall commence an action to recover the property or its value.
(c) Forfeiture of recognizance. Where the condition of a recognizance is broken, the recognizance is wholly forfeited by an order of the court directing its prosecution. Where a recognizance to the state is forfeited, it is not necessary to allege or prove any damages.