N.Y. Public Health Law § 2321: Houses of prostitution; injunction; jurisdiction, complaint and parties to the action

§ 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

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."