§ 2321 — Houses of prostitution; injunction; jurisdiction, complaint and parties to the action

New York § 2321

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: Houses of Prostitution: Injunction and Abatement
• Art. 23: Control of Sexually Transmitted Diseases

Text

§ 2321. Houses of prostitution; injunction; jurisdiction, complaint\nand parties to the action. 1. When a nuisance is kept, maintained, or\nexists, as defined in this article, the district attorney, or any\ncitizen of the county, or any society, association, or body incorporated\nunder the laws of this state, may maintain an action in equity in the\nname of the people of the state of New York, upon the relation of such\ndistrict attorney, citizen, or corporation to perpetually enjoin said\nnuisance, the person or persons conducting or maintaining the same from\nfurther conducting or maintaining the same, and the owner, or agent of\nthe building or ground upon which said nuisance exists, from further\npermitting such building or ground or both to be so used.\n 2. Such action shall be brought in the supreme court of the county in\nwhich the property is situated.\n 3. The complaint in such action shall be verified and shall set forth\nthe facts constituting the nuisance complained of, and may at or before\nthe commencement of the action be filed in the office of the clerk of\nthe county, together with a notice of the pendency of the action,\nstating the names of the parties and the object of the action, and\ncontaining a brief description of the property, real and personal, in\nthe county affected thereby.\n 4. Upon the verified complaint and upon such other proof as the court\nmay require, and notwithstanding any other provision of law to the\ncontrary, the supreme court, or a justice of the supreme court, may,\nwithout a hearing and without notice, grant an injunction order,\nrestraining the defendants and each of them from continuing such\nnuisance, and from removing, or in any manner interfering with, the\nfurniture, fixtures, musical instruments and movable property used in\nconducting such nuisance, and described and set forth in the complaint,\nand in such order fix a time of hearing at a term of the supreme court\nto be held in such county, for an order continuing such injunction order\nduring the pendency of the action.\n 5. Such injunction order shall be served, together with a copy of the\ncomplaint and the affidavits, if any, upon which the same was granted,\npersonally upon the defendants, or by leaving copies thereof with a\nperson of full age, if any such person be found at the premises\ndescribed in the complaint, or by posting at or on the main entrance to\nthe building on such premises, copies thereof, on or before the time\nfixed for such service in such injunction order. The defendants, or any\nof them, may upon such hearing submit proof by affidavits, and the\nplaintiff may submit additional proof by affidavits. If it appears upon\nsuch hearing that there is probable proof of the maintenance of such\nnuisance, the court may continue the injunction order during the\npendency of the action.\n 6. No bond or undertaking shall be required as a condition of granting\nor continuing such injunction order, or orders.\n 7. The person in whose name the real estate affected by the action is\nrecorded in the county clerk's office shall be presumed to be the owner\nthereof.\n 8. The owner and any person having any claim or lien against the real\nor personal property affected by the action shall be made parties\ndefendant. If any such persons be unknown to the relator such unknown\npersons shall be designated as "all other persons unknown claiming any\nownership, right, title, or interest in the property affected by this\naction."\n