N.Y. CPLR § 7203

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7203 Action by common informer § 7203. Action by common informer. (a) When maintainable. Where apenalty or forfeiture is given by a statute to any person, an action torecover it may be maintained by any person in his own name; but theaction cannot be compromised or settled without the leave of the court.(b) Service. The summons can be served only by an officer authorizedby law to collect upon an execution issued out of the same court. Thesummons cannot be countermanded by the plaintiff before service.Immediately after it has been served, the officer shall file it with hiscertificate of service with the judge who issued it or with the clerk ofthe court.(c) Action not barred by collusive recovery. The plaintiff mayrecover, notwithstanding the recovery of a judgment, for or against thedefendant, in an action brought by another person, if the formerjudgment was recovered collusively and fraudulently.