N.Y. Public Health Law 2323 – Houses of prostitution; injunction; temporary restraining order; service
§ 2323. Houses of prostitution; injunction; temporary restraining order; service. 1. Where a permanent or temporary injunction is prayed for, the court, or judge in vacation, on the application of the plaintiff, may issue an ex parte restraining order, restraining the defendants and all other persons from removing or in any manner interfering with the furniture, fixtures, musical instruments and movable property used in conducting the alleged nuisance, until the decision of the court or judge granting or refusing such temporary injunction and until the further order of the court thereon.
Terms Used In N.Y. Public Health Law 2323
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2. The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said property or residing in the premises, and by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors at entrances of such premises where such nuisance is alleged to be maintained, or by either such delivery or posting.
3. The officers serving such restraining order shall forthwith make and return into court an inventory of the personal property situated in and used in conducting or maintaining said nuisance and shall enter upon the premises for such purpose.
4. Where such order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon or therein a notice to that effect.