Section 24. Action to recover penalties or forfeitures

An action to
  recover a penalty or a forfeiture under this chapter or to  enforce  the
  powers  of  the  commission  may  be  brought  in any court of competent
  jurisdiction in this state in the name of the people of the state of New
  York, and shall be commenced and prosecuted to  final  judgment  by  the
  commission. In any such action all penalties and forfeitures incurred up
  to  the  time  of  commencing  the  same  may  be sued for and recovered
  therein, and the commencement of an  action  to  recover  a  penalty  or
  forfeiture  shall  not  be,  or  be held to be, a waiver of the right to
  recover any other penalty or forfeiture; if the defendant in such action
  shall prove that during any portion of the time for which it  is  sought
  to  recover  penalties  or  forfeitures  for  a violation of an order or
  regulation of the commission the defendant  was  actually  and  in  good
  faith  prosecuting  a  suit,  action  or proceeding in the courts to set
  aside such order or regulation, the court shall remit the  penalties  or
  forfeitures  incurred  during  the  pendency  of  such  suit,  action or
  proceeding. All moneys recovered in any such action, together  with  the
  costs  thereof,  shall  be paid into the state treasury to the credit of
  the general fund. Any such action may be compromised or discontinued  on
  application of the commission upon such terms as the court shall approve
  and  order.  An action may be maintained by the commission for the whole
  or any part of the penalties or forfeitures prescribed in this  chapter,
  and  judgment  may be rendered for the amount demanded in the complaint,
  or for any less amount, as justice may require.