Legislation
SECTION 15
Whenever the port authority shall be of the opinion that any person, association or corporation subject to its jurisdiction is failing or...
Development of Port of New York 43/22 (DPN) CHAPTER ROOT
§ 15. Whenever the port authority shall be of the opinion that any
person, association or corporation subject to its jurisdiction is
failing or omitting, or about to fail or omit to do anything required of
it by the laws governing the development and regulation of the port of
New York, or by its order, or is doing or is about to do anything, or
permitting, or about to permit anything to be done contrary to, or in
violation of, such law or orders, it shall direct its legal
representative to commence an action or proceeding in the name of the
port authority, in an appropriate court having jurisdiction, for the
purpose of having such violations, or threatened violations, stopped and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and the said court
shall have and is hereby given the necessary and appropriate
jurisdiction to grant mandamus or injunction, as the case may require,
or any other relief appropriate to the case.
Failure of such person, association or corporation to notify the port
authority, as required in the preceding section, of its acceptance of
and willingness to obey any order of the port authority shall be and be
deemed to be prima facie proof that such person, association or
corporation is guilty of such violation, or threatened violation. The
legal representative of the port authority shall begin such action or
proceeding by a petition to the appropriate court, alleging the
violation complained of and praying for appropriate relief by way of
mandamus or injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the time,
not exceeding twenty days after the service of a copy of the petition,
within which the person, association or corporation complained of must
answer the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the facts and circumstances, in
such manner as the court shall direct, without other or formal pleadings
and without respect to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order to make its order, judgment or writs
effective, may be joined as parties upon application of the legal
representative of the port authority. The final judgment in any such
action or proceeding shall either dismiss the action or proceeding, or
direct that a writ of mandamus, or an injunction, or both, issue as
prayed for in the petition, or in such modified or other form as the
court may determine will afford the appropriate relief.
person, association or corporation subject to its jurisdiction is
failing or omitting, or about to fail or omit to do anything required of
it by the laws governing the development and regulation of the port of
New York, or by its order, or is doing or is about to do anything, or
permitting, or about to permit anything to be done contrary to, or in
violation of, such law or orders, it shall direct its legal
representative to commence an action or proceeding in the name of the
port authority, in an appropriate court having jurisdiction, for the
purpose of having such violations, or threatened violations, stopped and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and the said court
shall have and is hereby given the necessary and appropriate
jurisdiction to grant mandamus or injunction, as the case may require,
or any other relief appropriate to the case.
Failure of such person, association or corporation to notify the port
authority, as required in the preceding section, of its acceptance of
and willingness to obey any order of the port authority shall be and be
deemed to be prima facie proof that such person, association or
corporation is guilty of such violation, or threatened violation. The
legal representative of the port authority shall begin such action or
proceeding by a petition to the appropriate court, alleging the
violation complained of and praying for appropriate relief by way of
mandamus or injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the time,
not exceeding twenty days after the service of a copy of the petition,
within which the person, association or corporation complained of must
answer the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the facts and circumstances, in
such manner as the court shall direct, without other or formal pleadings
and without respect to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order to make its order, judgment or writs
effective, may be joined as parties upon application of the legal
representative of the port authority. The final judgment in any such
action or proceeding shall either dismiss the action or proceeding, or
direct that a writ of mandamus, or an injunction, or both, issue as
prayed for in the petition, or in such modified or other form as the
court may determine will afford the appropriate relief.