N.Y. Public Health Law 2321 – Houses of prostitution; injunction; jurisdiction, complaint and parties to the action
§ 2321. Houses of prostitution; injunction; jurisdiction, complaint and parties to the action. 1. When a nuisance is kept, maintained, or exists, as defined in this article, the district attorney, or any citizen of the county, or any society, association, or body incorporated under the laws of this state, may maintain an action in equity in the name of the people of the state of New York, upon the relation of such district attorney, citizen, or corporation to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same from further conducting or maintaining the same, and the owner, or agent of the building or ground upon which said nuisance exists, from further permitting such building or ground or both to be so used.
Terms Used In N.Y. Public Health Law 2321
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. Such action shall be brought in the supreme court of the county in which the property is situated.
3. The complaint in such action shall be verified and shall set forth the facts constituting the nuisance complained of, and may at or before the commencement of the action be filed in the office of the clerk of the county, together with a notice of the pendency of the action, stating the names of the parties and the object of the action, and containing a brief description of the property, real and personal, in the county affected thereby.
4. Upon the verified complaint and upon such other proof as the court may require, and notwithstanding any other provision of law to the contrary, the supreme court, or a justice of the supreme court, may, without a hearing and without notice, grant an injunction order, restraining the defendants and each of them from continuing such nuisance, and from removing, or in any manner interfering with, the furniture, fixtures, musical instruments and movable property used in conducting such nuisance, and described and set forth in the complaint, and in such order fix a time of hearing at a term of the supreme court to be held in such county, for an order continuing such injunction order during the pendency of the action.
5. Such injunction order shall be served, together with a copy of the complaint and the affidavits, if any, upon which the same was granted, personally upon the defendants, or by leaving copies thereof with a person of full age, if any such person be found at the premises described in the complaint, or by posting at or on the main entrance to the building on such premises, copies thereof, on or before the time fixed for such service in such injunction order. The defendants, or any of them, may upon such hearing submit proof by affidavits, and the plaintiff may submit additional proof by affidavits. If it appears upon such hearing that there is probable proof of the maintenance of such nuisance, the court may continue the injunction order during the pendency of the action.
6. No bond or undertaking shall be required as a condition of granting or continuing such injunction order, or orders.
7. The person in whose name the real estate affected by the action is recorded in the county clerk's office shall be presumed to be the owner thereof.
8. The owner and any person having any claim or lien against the real or personal property affected by the action shall be made parties defendant. If any such persons be unknown to the relator such unknown persons shall be designated as "all other persons unknown claiming any ownership, right, title, or interest in the property affected by this action."