N.Y. Public Health Law § 2324: Houses of prostitution; injunction; trial of action

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