2010 New York Code
TRA - Transportation
Article 4 - (95 - 112) PROVISIONS RELATING TO COMMON CARRIERS
111 - Liability for damage.

§ 111. Liability  for damage. In case a common carrier shall do, cause
  to be done or permit to be done any act,  matter  or  thing  prohibited,
  forbidden  or  declared  to  be  unlawful,  or shall omit to do any act,
  matter or thing required to be done, either by law or by  order  of  the
  commissioner,  such  common  carrier  shall  be liable to the persons or
  corporations affected thereby for all  loss,  damage  or  injury  caused
  thereby  or  resulting  therefrom, and in case of recovery, if the court
  shall find that  such  act  or  omission  was  wilful,  it  may  in  its
  discretion  fix  a reasonable counsel or attorney's fee, which fee shall
  be taxed and collected as part of the costs in the case.  An  action  to
  recover  for  such loss, damage or injury may be brought in any court of
  competent jurisdiction by any such person or corporation.