Village of White Plains v. Tarrytown, White Plains & Mamaroneck Railway Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The Tarrytown, White Plains and Mamaroneck Railway Company, from an interlocutory judgment of the Supremo Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of July, 1906, upon the decision of. the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint.
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. Appeal by the defendant, The Tarrytown, White Plains and Mamaroneck Railway Company, from an interlocutory judgment of the Supremo Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of July, 1906, upon the decision of. the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint. This is a suit to enjoin "a violation of an order of the board of health to abate a nuisance,.and enforce the same.
1Opinion of the Court
Gaynor, J.:
This suit is properly brought in the name of the village instead of in that of the board of health (Board of Health v. Magill, 17 App. Div. 249) ; but the complaint does not state facts sufficient. Section 21 of the Public Health Law empowers local-boards of health to make and publish general orders and regulations for the preservation of life and health, and also orders and regulations not of general application for the suppression of particular nuisances, and to maintain suits in the name of the municipality to restrain by injunction violations of such'orders and regulations and…
2Cases cited2 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Board of Health v. MagillAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Orr v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Shedrick v. Board of Health of the Consolidated DistrictNew York Supreme Court · 1953
- Brookins v. Pennsylvania RailroadNew York Supreme Court · 1952