CPLR 7203 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 7202 Action by person aggrieved up ARTICLE 72 Recovery of Penalty or Forfeiture next SECTION 7204 Recovery of part of penalty or forfeiture Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 7203 Action by common informer Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 72 § 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.