Section 90. 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  commissioner  under the railroad law may be brought in any court of
  competent jurisdiction in this state in the name of the  people  of  the
  state  of  New  York.   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  of  the commissioner the defendant was actually and in good faith
  prosecuting a suit, action or proceeding in the courts to set aside such
  order, 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
  commissioner upon such terms as the court shall approve and order.    An
  action  may  be maintained by the commissioner 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.