N.Y. Multiple Dwelling Law § 306: Judicial procedure and orders

§ 306. Judicial procedure and orders. 1. In case any multiple dwelling

or structure or any part thereof or the lot on which it is situated is

constructed, altered, converted or maintained in violation of any

provision of this chapter or of any order or notice of the department,

or in case a nuisance exists in any such dwelling or structure or part

thereof or upon the lot on which it is situated, the department may

institute any appropriate action or proceeding to prevent such unlawful

construction, alteration, conversion or maintenance, to restrain,

correct or abate such violation or nuisance, to prevent the occupation

of said dwelling or structure or any part thereof, or to prevent any

illegal act, conduct or business in or about such dwelling, structure or

lot.

2. In any such action or proceeding the department may, by affidavit

setting forth the facts, apply to the supreme court, or to any justice

thereof, or, if the premises in respect to which the action is brought

are situated in the city of New York, to the New York city civil court,

or, if the premises in respect to which the action is brought are

situated in whole or in part within a district of the court, to the

district court, or, if the premises in respect to which the action is

brought are situated in whole or in part within a city outside of the

city of New York, to the city court of such city, for:

a. An order granting the relief for which said action or proceeding is

brought, or enjoining all persons from doing or permitting to be done

any work in or about such dwelling, structure or lot or any part

thereof, or from occupying or using the same for any purpose, until the

entry of final judgment or order.

b. An order authorizing the department to execute and carry out the

provisions of any notice or order which is issued by the department and

not complied with, to remove any violation specified in such notice or

order, or to abate any nuisance in or about such dwelling, structure or

lot.

3. In an action to establish a lien under this chapter, the service

and procedure, except as otherwise provided in section three hundred

nine, shall be as set forth in sections three hundred twenty-six and

three hundred fifty-six to three hundred sixty, both inclusive.

4. The judgment in any such action may provide for the sale at public

auction of the property affected, and for such other remedies to secure

the enforcement thereof as the court may deem proper.

5. The court or any justice thereof is authorized to make any order

specified in this section.

6. In no case shall the city, or the department or any officer or

employee thereof, be liable for costs in any action or proceeding that

may be commenced pursuant to this chapter.