Section 2324. Houses of prostitution; injunction; trial of action  


Latest version.
  • 1. The
      action for a permanent injunction instituted pursuant to  this  article,
      shall  be  triable  at the first term of the supreme court after due and
      timely notice has been served as in other actions.
        2. If the complaint be uncontroverted it shall be deemed true  without
      further proof.
        3.  (a)  In  such  action  evidence  of  the  common  fame and general
      reputation of the place, of the inmates  or  occupants  thereof,  or  of
      those  resorting  thereto,  shall  be  competent  evidence  to prove the
      existence of the nuisance.
        (b) An admission or finding of guilt of any person of a  violation  of
      section  230.40  of  the  penal  law  at such place shall be presumptive
      evidence of the nuisance, and a plea of guilty  or  a  conviction  in  a
      criminal  action of maintaining a nuisance at the place described in the
      complaint shall be prima facie evidence of the nuisance, and the records
      of any court in the jurisdiction shall  be  admissible  as  evidence  to
      prove the conviction or plea of guilty.
        (c)  If  evidence  of  the  general reputation of the place, or of the
      inmates or occupants thereof, is sufficient to establish  the  existence
      of  a nuisance it shall be prima facie evidence of knowledge thereof and
      acquiescence  and  participation  therein  and  responsibility  for  the
      nuisance,  on  the  part of the owners, lessors, lessees, users, and all
      those in possession of or having charge of, as agent  or  otherwise,  or
      having  any  interest in any form of property, real or personal, used in
      conducting or maintaining said nuisance.