Section 2321. Houses of prostitution; injunction; jurisdiction, complaint and parties to the action  


Latest version.
  • 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
      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."