§ 91. Action to restrain. Any citizen of the state may maintain an action to restrain any person or corporation from committing any of the unlawful acts specified in section ninety of this chapter, in any city or town in which said citizen is assessed for and is liable to pay, or within one year before the commencement of the action has paid, a tax.

The attorney-general may at any time, in the exercise of his discretion, bring and maintain an action in the name of the people of the state of New York, to restrain any person or corporation from any of the unlawful acts specified in section ninety of this chapter. It shall be the duty of the attorney-general to institute and prosecute such an action, upon the written request of ten citizens of this state who are assessed for taxes therein and whose aggregate assessments amount to not less than ten thousand dollars, and who shall state, in writing, facts and circumstances showing any such unlawful act or acts and give an undertaking with sureties to be approved by a justice of the supreme court to indemnify the people against the costs of such action.