N.Y. General Business Law Section 354
Examination of witnesses and preliminary injunction

Whenever the attorney-general has determined to commence an action under this article, he may present to any justice of the supreme court, before beginning such action, an application in writing for an order directing the person or persons mentioned in the application to appear before the justice of the supreme court or referee designated in such order and answer such questions as may be put to them or to any of them, or to produce such papers, documents and books concerning the alleged fraudulent practices to which the action which he has determined to bring relates, and it shall be the duty of the justice of the supreme court to whom such application for the order is made to grant such application. The application for such order made by the attorney-general may simply show upon his information and belief that the testimony of such person or persons is material and necessary. The provisions of the civil practice law and rules, relating to an application for an order for the examination of witnesses before the commencement of an action and the method of proceeding on such examination, shall not apply except as herein prescribed. The order shall be granted by the justice of the supreme court to whom the application has been made with such preliminary injunction or stay as may appear to such justice to be proper and expedient and shall specify the time when and place where the witnesses are required to appear. The justice or referee may adjourn such examination from time to time and witnesses must attend accordingly. The testimony of each witness must be subscribed by him and all must be filed in the office of the clerk of the county in which such order for examination is filed.

Source: Section 354 — Examination of witnesses and preliminary injunction, https://www.­nysenate.­gov/legislation/laws/GBS/354 (updated Sep. 22, 2014; accessed May 11, 2024).

352
Investigation by attorney-general 352‑A
Foreign corporation to make designation 352‑B
Non-resident brokers, dealers, salesmen and investment advisors 352‑C
Prohibited acts constituting misdemeanor 352‑D
Effect of prosecution under previous section 352‑E
Real estate syndication offerings 352‑EE
Conversion of non-residential property to residential cooperative or condominium ownership 352‑EEE
Conversions to cooperative or condominium ownership in certain cities, towns and villages located in the counties of Nassau, Westchester ... 352‑EEEE
Conversions to cooperative or condominium ownership in the city of New York 352‑F
Description of realty bonds 352‑G
Exemptions 352‑H
Trust funds 352‑I
Injunctive relief 352‑J
Application of article 352‑K
Broker dealer minimum capital requirements 352‑L
Cooperative corporations 353
Action by attorney-general 353‑A
Receivers 354
Examination of witnesses and preliminary injunction 355
Procedure on hearing 356
Powers of referee 357
Application of provisions of civil practice law and rules 358
Criminal prosecution 359
Immunity 359‑A
Appointment of deputies 359‑B
Effect of unconstitutionality of part of article 359‑C
Publication of state notices 359‑E
Definitions 359‑EE
Report of existence 359‑EEE
Definitions 359‑F
Exemptions from certain provisions of section three hundred fifty-nine-e 359‑FF
Registration of intra-state offerings 359‑FFF
Chain distributor schemes prohibited 359‑G
Violations and penalties 359‑H
Destruction of certain records, books and other data by the attorney-general
Green check means up to date. Up to date

Accessed:
May 11, 2024

Last modified:
Sep. 22, 2014

§ 354’s source at nysenate​.gov

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