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This entry was published on 2014-09-22
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When injunction may be obtained
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 3
§ 38. When injunction may be obtained. In an action in the supreme
court or county court for the recovery of a penalty or forfeiture
incurred for the violation of any of the provisions of this chapter, or
of any other law the enforcement of which is within the jurisdiction of
the department, or of the rules of the department, an application may be
made on the part of the people to the court or any justice thereof or to
the county judge if the defendant be a resident of such county for an
injunction to restrain the defendant, his agents and employees from the
further violation of such provisions. The court or justice to whom such
application is made, shall grant such injunction on proof, by affidavit,
that the defendant has been guilty of the violations alleged in the
complaint, or of a violation of any such provision subsequent to the
commencement of the action. No security on the part of the plaintiff
shall be required, and costs of the application may be granted or
refused in the discretion of the court or justice. If the plaintiff
shall recover judgment in the action for any penalty or forfeiture
demanded in the complaint, the judgment shall contain a permanent
injunction, restraining the defendant, his agents and employees from any
further violation of such provision of this chapter or of any other law
the enforcement of which is within the jurisdiction of the department or
of the rules of the department. Any injunction, order or judgment
obtained under this section may be served on the defendant by posting
the same upon the outer door of the defendant's usual place of business,
or where such violation was or is committed, or in the manner required
by the civil practice act, and the rules and practice of the court.
Personal service of the injunction shall not be necessary when such
service cannot be secured with reasonable diligence, but the service
herein provided shall be deemed sufficient in any proceeding for the
violation of such injunction.