2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 72 - (7201 - 7205) RECOVERY OF PENALTY OR FORFEITURE
7203 - Action by common informer.

 
    §  7203.  Action  by  common informer. (a) When maintainable.  Where a
  penalty or forfeiture is given by a statute to any person, an action  to
  recover  it  may  be  maintained  by any person in his own name; but the
  action cannot be compromised or settled without the leave of the court.
    (b) Service. The summons can be served only by an  officer  authorized
  by  law  to  collect upon an execution issued out of the same court. The
  summons  cannot  be  countermanded  by  the  plaintiff  before  service.
  Immediately after it has been served, the officer shall file it with his
  certificate of service with the judge who issued it or with the clerk of
  the court.
    (c)  Action  not  barred  by  collusive  recovery.  The  plaintiff may
  recover, notwithstanding the recovery of a judgment, for or against  the
  defendant,  in  an  action  brought  by  another  person,  if the former
  judgment was recovered collusively and fraudulently.