Section 91. Action to restrain  


Latest version.
  • Any citizen of the state may maintain an
      action to restrain any person or corporation from committing any of  the
      unlawful  acts  specified in section ninety of this chapter, in any city
      or town in which said citizen is assessed for and is liable to  pay,  or
      within one year before the commencement of the action has paid, a tax.
        The  attorney-general  may  at  any  time,  in  the  exercise  of  his
      discretion, bring and maintain an action in the name of  the  people  of
      the state of New York, to restrain any person or corporation from any of
      the unlawful acts specified in section ninety of this chapter.  It shall
      be  the  duty of the attorney-general to institute and prosecute such an
      action, upon the written request of ten citizens of this state  who  are
      assessed for taxes therein and whose aggregate assessments amount to not
      less  than  ten thousand dollars, and who shall state, in writing, facts
      and circumstances showing any such unlawful act  or  acts  and  give  an
      undertaking  with  sureties  to  be approved by a justice of the supreme
      court to indemnify the people against the costs of such action.