N.Y. NAV Law § 188

§ 188. Subrogation of rights. Payment of any cleanup costs or damages\nby the fund arising from a single incident shall be conditioned upon the\nadministrator acquiring by subrogation all rights of the claimant to\nrecovery of such costs or damages from the discharger or other\nresponsible party. The administrator shall then seek satisfaction from\nthe discharger or other responsible party in the supreme court if the\ndischarger or other responsible party does not reimburse the fund. In\nany such suit, except as provided by section one hundred eighty-one of\nthis article, the administrator need prove only that an unlawful\ndischarge occurred which was the responsibility of the discharger or\nother responsible party. The administrator is hereby authorized and\nempowered to compromise and settle the amount sought for cost and\ndamages from the discharger or other responsible party and any penalty\narising under this article.\n