§ 339-c. Action by department of state. 1. Whenever the department of\nstate shall believe from evidence satisfactory to it that a subdivider\nhas engaged in, is engaged or is about to engage in any of the practices\nor transactions heretofore referred to as fraudulent practices, it may\nhave an action brought in the manner hereinafter provided in the name\nand on behalf of the people of the state of New York against such\nsubdivider and any other person or persons theretofore concerned in or\nin any way participating in or about to participate in such fraudulent\npractices, to enjoin such subdivider and such other person or persons\nfrom continuing such fraudulent practices or engaging therein or doing\nany act or acts in furtherance thereof or, if the department of state\nshould believe from such evidence that such subdivider has or is engaged\nin any such fraudulent practice, it may have included in such action an\napplication to enjoin permanently such subdivider and such other person\nor persons as may have been or may be concerned with or in any way\nparticipating in such fraudulent practice, from selling or offering for\nsale to the public within this state, as principal, owner, subdivider,\nbroker or agent or otherwise, any vacant land or lands. In said action\nan order or a judgment may be entered awarding the relief applied for or\nso much thereof as the court may deem proper. Upon a showing by the\ndepartment of state in the application brought in its behalf for a\npreliminary injunction hereunder that the defendant named in the action\nor an officer thereof has refused to be sworn or to be examined or to\nanswer a material question or to produce a book or paper relevant to the\ninquiry when duly ordered so to do by the officer or judge duly\nconducting an inquiry into the subject matter forming the basis of the\napplication for such preliminary injunction, such refusal shall be prima\nfacie proof that such defendant is or has been engaged in fraudulent\npractices as set forth in such application and a preliminary injunction\nmay issue from the supreme court without any further showing by the\ndepartment of state.\n 2. If the vacant land or lands of a foreign corporation, company,\nassociation or non-resident individual are offered or advertised for\nsale within the state of New York and such corporation, company,\nassociation or non-resident individual has not filed pursuant to laws\nheretofore or hereafter existing the designation of a person upon whom\nprocess against him or it may be served or the designation of the\nsecretary of state as such person pursuant to section two hundred ten of\nthe general corporation law or other laws heretofore or hereafter\nexisting or in lieu thereof, an instrument in writing duly acknowledged\nand filed in the office of the secretary of state designating the\nsecretary of state as the person upon whom may be served any subpoena,\nsubpoena duces tecum or other process directed to such foreign\ncorporation, company, association or non-resident individual and issued\nin any investigation, examination or proceeding pending or about to be\ninstituted under and pursuant to the provisions of this article, a\nnotice may be served upon such foreign corporation, company or\nassociation, or upon any non-resident officer thereof, or upon a\nnon-resident individual, by mailing the same in a securely sealed\npostpaid wrapper addressed to such foreign corporation, company or\nassociation, or officer thereof, or non-resident individual, at its or\nhis last known place of business or residence, and may in such notice\nrequire that such foreign corporation, company or association, or such\nofficer thereof, or non-resident individual, furnish a written\nstatement, verified as required in said notice, giving the information\ntherein specified relating to the vacant land or lands offered or to be\noffered in the state of New York by such foreign corporation, company,\nassociation or non-resident in
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