New York § 38 When injunction may be obtained

New York Statutes

§ 38 — When injunction may be obtained

New York § 38

Law AGMAgriculture & Markets

Art. 3Investigation; Practice and Procedure; Violations; Penalties

This text of New York § 38 (When injunction may be obtained) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Agriculture & Markets § 38 (2026).

Text

  § 38. When injunction may be obtained. In an action in the supreme\ncourt or county court for the recovery of a penalty or forfeiture\nincurred for the violation of any of the provisions of this chapter, or\nof any other law the enforcement of which is within the jurisdiction of\nthe department, or of the rules of the department, an application may be\nmade on the part of the people to the court or any justice thereof or to\nthe county judge if the defendant be a resident of such county for an\ninjunction to restrain the defendant, his agents and employees from the\nfurther violation of such provisions. The court or justice to whom such\napplication is made, shall grant such injunction on proof, by affidavit,\nthat the defendant has been guilty of the violations alleged in the\ncomplaint

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§ 38. When injunction may be obtained. In an action in the supreme\ncourt or county court for the recovery of a penalty or forfeiture\nincurred for the violation of any of the provisions of this chapter, or\nof any other law the enforcement of which is within the jurisdiction of\nthe department, or of the rules of the department, an application may be\nmade on the part of the people to the court or any justice thereof or to\nthe county judge if the defendant be a resident of such county for an\ninjunction to restrain the defendant, his agents and employees from the\nfurther violation of such provisions. The court or justice to whom such\napplication is made, shall grant such injunction on proof, by affidavit,\nthat the defendant has been guilty of the violations alleged in the\ncomplaint, or of a violation of any such provision subsequent to the\ncommencement of the action. No security on the part of the plaintiff\nshall be required, and costs of the application may be granted or\nrefused in the discretion of the court or justice. If the plaintiff\nshall recover judgment in the action for any penalty or forfeiture\ndemanded in the complaint, the judgment shall contain a permanent\ninjunction, restraining the defendant, his agents and employees from any\nfurther violation of such provision of this chapter or of any other law\nthe enforcement of which is within the jurisdiction of the department or\nof the rules of the department. Any injunction, order or judgment\nobtained under this section may be served on the defendant by posting\nthe same upon the outer door of the defendant's usual place of business,\nor where such violation was or is committed, or in the manner required\nby the civil practice act, and the rules and practice of the court.\nPersonal service of the injunction shall not be necessary when such\nservice cannot be secured with reasonable diligence, but the service\nherein provided shall be deemed sufficient in any proceeding for the\nviolation of such injunction.\n