N.Y. General Business Law 271 – Penalty and action to recover
§ 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.
Terms Used In N.Y. General Business Law 271
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.