Matter of Small v. Moss

The Commissioner of Licenses of the City of New York has denied an application of the petitioner for a license to erect a motion picture theatre upon a plot of ground on River dale avenue in the city of New York. Claiming that the Commissioner’s refusal was arbitrary, the petitioner applied to the Supreme Court for an order of mandamus directing the Commissioner to grant the license. Defeated at Special Term, the petitioner was successful upon appeal to the Appellate Division.

To promote the general welfare and the public health and safety the Legislature of the State and the Board of Aldermen…