N.Y. TRA Law § 111

§ 111. Liability for damage. In case a common carrier shall do, cause\nto be done or permit to be done any act, matter or thing prohibited,\nforbidden or declared to be unlawful, or shall omit to do any act,\nmatter or thing required to be done, either by law or by order of the\ncommissioner, such common carrier shall be liable to the persons or\ncorporations affected thereby for all loss, damage or injury caused\nthereby or resulting therefrom, and in case of recovery, if the court\nshall find that such act or omission was wilful, it may in its\ndiscretion fix a reasonable counsel or attorney's fee, which fee shall\nbe taxed and collected as part of the costs in the case. An action to\nrecover for such loss, damage or injury may be brought in any court of\ncompetent jurisdiction by any such person or corporation.\n