Section
1353. Civil remedies.
1354. Joinder of a party.
1355. Civil actions notice.
S 1353. Civil remedies. 1. Upon or after conviction of a person of any
subdivision of section 460.20 of the penal law, the court may, after
making due provision for the rights of innocent persons, enjoin future
activity by the person so convicted or an enterprise he controls or in
whose control he participates upon a showing that injunctive action is
necessary to prevent further violation of that section. In such case the
court may:
(a) order the defendant to divest himself of any interest in a
specified enterprise;
(b) impose reasonable restrictions upon the future activities or
investments of the defendant, including prohibiting the defendant from
engaging in the same type of endeavor as the enterprise in which he was
engaged in violation of section 460.20 of the penal law;
(c) order the dissolution of any enterprise he controls or the
reorganization of any enterprise he controls or of which he participates
in the control;
(d) order the suspension or revocation of a license, permit or prior
approval granted by any agency of the state or any political subdivision
thereof to the defendant or to any enterprise controlled by him or in
whose control he participates, provided however, that when the court
orders such license, permit or approval revoked or suspended for a
period of more than two years, the court shall set a period of time
within two years of the date of such revocation or suspension after
which the defendant or enterprise may petition the court to permit the
defendant or enterprise to request restoration or renewal of such
license, permit or approval, by the agency or board empowered to grant
it, after notice to and hearing of the party who brought the action in
which the revocation or suspension was ordered;
(e) order the revocation of the certificate of incorporation of a
corporation organized under the laws of the state in which the defendant
has a controlling interest or the revocation of authorization for a
foreign corporation in which the defendant has a controlling interest to
conduct business within the state upon a finding that the board of
directors or a high managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in activity made unlawful by section 460.20 of the
penal law and that such action is necessary for the prevention of future
criminal activity made unlawful by section 460.20 of the penal law.
2. The attorney general, the deputy attorney general in charge of the
statewide organized crime task force, or any district attorney may
institute civil proceedings in the supreme court under this section.
Any action brought under this article shall constitute a special
proceeding. In any action brought under this article, the supreme court
shall proceed as soon as practicable to the hearing and determination
thereof. Pending final determination, the supreme court may, at any
time, enter such injunctions, prohibitions, or restraining orders or
take such actions, including the acceptance of satisfactory performance
bonds, ordering of disclosure under article thirty-one of this chapter,
or other action as the court may deem proper.
S 1354. Joinder of a party. A person or enterprise not convicted of
the crime of enterprise corruption may be made a party to a civil action
under this article, whenever joinder of such person or enterprise is
necessary pursuant to section 1001 of this chapter.
S 1355. Civil actions notice. Within fifteen days of commencing a
civil proceeding pursuant to this article, the prosecutor bringing such
action must notify those district attorneys who were affected district
attorneys within the meaning of section 460.60 of the penal law in the
prior criminal proceeding.
NYCPLR Article14
CONTRIBUTION
Section 1401. Claim for contribution. 1402. Amount of contribution. 1403. How contribution claimed. 1404. Rights of persons entitled to damages not affected; Rights of indemnity or subrogation preserved. S 1401. Claim for contribution. Except as provided in sections 15-108 and 18-201 of the general obligations law, sections eleven and twenty-nine of the workers` compensation law, or the workers` compensation law of any other state or the federal government, two or more persons who are subject to liability for damages for the same personal injury, injury to property or wrongful death, may claim contribution among them whether or not an action has been brought or a judgment has been rendered against the person from whom contribution is sought. S 1402. Amount of contribution. The amount of contribution to which a person is entitled shall be the excess paid by him over and above his equitable share of the judgment recovered by the injured party; but no person shall be required to contribute an amount greater than his equitable share. The equitable shares shall be determined in accordance with the relative culpability of each person liable for contribution. S 1403. How contribution claimed. A cause of action for contribution may be asserted in a separate action or by cross-claim, counterclaim or third-party claim in a pending action. S 1404. Rights of persons entitled to damages not affected; Rights of indemnity or subrogation preserved. (a) Nothing contained in this article shall impair the rights of any person entitled to damages under existing law. (b) Nothing contained in this article shall impair any right of indemnity or subrogation under existing law.