Section 469. Private actions

1. A franchised motor vehicle dealer who is or
  may  be  aggrieved  by  a violation of this article shall be entitled to
  request an  adjudicatory  proceeding,  as  prescribed  in  section  four
  hundred  seventy-one-a of this article, or in lieu thereof, sue for, and
  have, injunctive relief and damages in any court  of  the  state  having
  jurisdiction   over   the  parties.  In  any  such  judicial  action  or
  proceeding, the court may award necessary costs and disbursements plus a
  reasonable attorney's fee to any party.
    2. Whenever a franchise provides for the use of arbitration to resolve
  a controversy arising out of or relating to such  contract,  arbitration
  may  be  used  to settle such controversy only if after such controversy
  arises all parties  to  such  controversy  consent  in  writing  to  use
  arbitration to settle such controversy.