Legislation
SECTION 2324
Houses of prostitution; injunction; trial of action
Public Health (PBH) CHAPTER 45, ARTICLE 23, TITLE 2
§ 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.
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.