New York Public Health Law Section 3457 - Violations; injunctions.

3457. Violations; injunctions. 1. (a) The attorney general may maintain an action upon his own information or upon the complaint of any person against any person, partnership, corporation or association, and any employee, agent, director or officer thereof, who shall violate any of the provisions of this article.

(b) In such action the final judgment in favor of the plaintiff must perpetually restrain the defendant or defendants from the commission or continuance of the acts complained of.

(c) A temporary injunction to restrain the commission or continuance of the acts complained about may be granted upon proof, by affidavit, that the defendant has or defendants have violated any of the provisions of this article. The provisions of statute or rule relating generally to injunctions as provisional remedies in actions shall apply to such temporary injunction and the proceedings thereupon.

2. The plaintiff in such action shall be entitled to an examination before trial of the defendant or defendants and of witnesses as to testimony that is material and necessary in such action.

3. The action aforesaid shall be in addition to any penal proceedings.


Last modified: February 3, 2019