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This entry was published on 2014-09-22
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Houses of prostitution; injunction; jurisdiction, complaint and parties to the action
Public Health (PBH) CHAPTER 45, ARTICLE 23, TITLE 2
§ 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.

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

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