City of New York v. Herdje
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Herdje, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on. the 1st day of October, 1901, upon the report of a referee enjoining and restraining the defendant from proceeding with the erection of certain buildings under the plans filed in the department of buildings for the borough of Brooklyn.
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Appeal by the defendant, George Herdje, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on. the 1st day of October, 1901, upon the report of a referee enjoining and restraining the defendant from proceeding with the erection of certain buildings under the plans filed in the department of buildings for the borough of Brooklyn. The plans and specifications were filed and approved April 12^ 1901, at nine-sixteen a. m. Chapter 334 of the Laws of 1901, which is known as the New York Tenement House Act, became a law about…
1Opinion of the Court
Jenks, J.:
An inspector of buildings testified that on April 13, 1901, he went to the premises- and examined them thoroughly without seeing any signs of work begun by excavation or otherwise. He further testifies that he passed by the premises every other day; that on May 28, 1901, he saw excavation work doing, and that the contractor told him that he had begun work on May 27, 1901. On the other hand, the defendant testifies that he began work at' about eleven-thirjy a. m. of April 12,1901, the day the permit was granted, by causing two laborers whom he had “ picked up ” in the street to dig…
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