NY Pub Health L § 2321 (2021)
2021 New York Laws PBH - Public Health Article 23 - Control of Sexually Transmitted Diseases Title 2 - Houses of Prostitution: Injunction and Abatement 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."