2006 New York Code - Borrower Bringing An Action Need Not Offer To Repay.

 
    § 5-515. Borrower   bringing  an  action  need  not  offer  to  repay.
  Whenever any borrower of money, goods or things in action,  shall  begin
  an action for the recovery of the money, goods or things in action taken
  in  violation of the foregoing provisions of this title, it shall not be
  necessary for him to pay or offer to pay any interest  or  principal  on
  the  sum  or  thing  loaned;  nor  shall any court require or compel the
  payment or deposit of the principal sum  or  interest,  or  any  portion
  thereof,  as  a condition of granting relief to the borrower in any case
  of usurious loans forbidden by the foregoing provisions of this title.