GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Development of Port of New York 43/22 § 15: Whenever the port authority shall be of the opinion that any person, association or corporation subject to its jurisdiction is failing or...

Read at publisher ↗
Where this section sits in the code
  1. Development of Port of New York 43/22

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

Browse this collection