§ 26-3807 Private right of action.
a. Except as otherwise provided by law, any person claiming to be aggrieved by a violation of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and other such remedies as may be appropriate, unless such person has filed a complaint with the comptroller with respect to such claim. In an action brought by a construction worker, if the court finds in favor of the employee, it shall award the employee, in addition to other relief, reasonable attorney’s fees and costs.
b. Notwithstanding any inconsistent provision of paragraph a of this subdivision where a complaint filed with the comptroller is dismissed, any person claiming to be aggrieved by a violation of this section shall maintain all rights to commence a civil action pursuant to this chapter as if no such complaint had been filed.
c. A civil action commenced under this section shall be commenced in accordance with subdivision 2 of section 214 of New York civil practice laws and rules.
d. No procedure or remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This section shall not be construed to limit an employee’s right to bring a common law cause of action for wrongful termination.