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 Oct. 26, 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

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 354’s source at nysenate​.gov

Link Style