New York Consolidated Laws, Multiple Dwelling Law - MDW § 306. Judicial procedure and orders

1. In case any multiple dwelling or structure or any part thereof or the lot on which it is situated is constructed, altered, converted or maintained in violation of any provision of this chapter or of any order or notice of the department, or in case a nuisance exists in any such dwelling or structure or part thereof or upon the lot on which it is situated, the department may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said dwelling or structure or any part thereof, or to prevent any illegal act, conduct or business in or about such dwelling, structure or lot.

2. In any such action or proceeding the department may, by affidavit setting forth the facts, apply to the supreme court, or to any justice thereof, or, if the premises in respect to which the action is brought are situated in the city of New York, to the New York city civil court, or, if the premises in respect to which the action is brought are situated in whole or in part within a district of the court, to the district court, or, if the premises in respect to which the action is brought are situated in whole or in part within a city outside of the city of New York, to the city court of such city, for:

a. An order granting the relief for which said action or proceeding is brought, or enjoining all persons from doing or permitting to be done any work in or about such dwelling, structure or lot or any part thereof, or from occupying or using the same for any purpose, until the entry of final judgment or order.

b. An order authorizing the department to execute and carry out the provisions of any notice or order which is issued by the department and not complied with, to remove any violation specified in such notice or order, or to abate any nuisance in or about such dwelling, structure or lot.

3. In an action to establish a lien under this chapter, the service and procedure, except as otherwise provided in section three hundred nine , shall be as set forth in sections three hundred twenty-six and three hundred fifty-six to three hundred sixty , both inclusive.

4. The judgment in any such action may provide for the sale at public auction of the property affected, and for such other remedies to secure the enforcement thereof as the court may deem proper.

5. The court or any justice thereof is authorized to make any order specified in this section.

6. In no case shall the city, or the department or any officer or employee thereof, be liable for costs in any action or proceeding that may be commenced pursuant to this chapter.


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