Grimmer v. . Tenement House Department
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28,1910, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28,1910, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The action was brought by plaintiff to restrain the defendants from seeking to enforce the provisions of the Tenement House Act (Laws of 1901, chap. 331) against plaintiff’s building, planned and erected in 1901. This building was located on East 31st street, between Lexington and Fourth avenues, in the city of New York, and is claimed by plaintiff to be an…
1Opinion of the CourtHiscock, J.
The plaintiff is seeking to prevent the defendants from enforcing against his building the provisions of the Tenement House Act applicable to the city of New York. He urges that the latter is an apartment house or apartment hotel subject to the provisions of the Building Code and not a tenement house subject to the provisions of said first-mentioned act. If his contention in this respect is wrong then concededly his building violates the law and this action cannot be maintained.
Thus we have presented the important and difficult question whether for purposes of supervision and regulation in…
2Cases cited4 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by25 opinions
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
- Peterson v. . MartinoNew York Court of Appeals · 1914
- People v. MannNew York Court of Appeals · 1972
- People v. NewmanNew York Court of Appeals · 1973
- Bancroft v. Building CommissionerMassachusetts Supreme Judicial Court · 1926
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