§ 2324 — Houses of prostitution; injunction; trial of action

New York § 2324

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

Text

§ 2324. Houses of prostitution; injunction; trial of action. 1. The\naction for a permanent injunction instituted pursuant to this article,\nshall be triable at the first term of the supreme court after due and\ntimely notice has been served as in other actions.\n 2. If the complaint be uncontroverted it shall be deemed true without\nfurther proof.\n 3. (a) In such action evidence of the common fame and general\nreputation of the place, of the inmates or occupants thereof, or of\nthose resorting thereto, shall be competent evidence to prove the\nexistence of the nuisance.\n (b) An admission or finding of guilt of any person of a violation of\nsection 230.40 of the penal law at such place shall be presumptive\nevidence of the nuisance, and a plea of guilty or a conviction in a\ncriminal action of maintaining a nuisance at the place described in the\ncomplaint shall be prima facie evidence of the nuisance, and the records\nof any court in the jurisdiction shall be admissible as evidence to\nprove the conviction or plea of guilty.\n (c) If evidence of the general reputation of the place, or of the\ninmates or occupants thereof, is sufficient to establish the existence\nof a nuisance it shall be prima facie evidence of knowledge thereof and\nacquiescence and participation therein and responsibility for the\nnuisance, on the part of the owners, lessors, lessees, users, and all\nthose in possession of or having charge of, as agent or otherwise, or\nhaving any interest in any form of property, real or personal, used in\nconducting or maintaining said nuisance.\n