N.Y. Public Health Law Section 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.

Source: Section 2324 — Houses of prostitution; injunction; trial of action, https://www.­nysenate.­gov/legislation/laws/PBH/2324 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 2324’s source at nysenate​.gov

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