Egan v. Health Department
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff. Josephine E. Egan, by Luke A. Lockwood, her guardian acl litem, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of August, 1896, denying her motion for a temporary injunction.
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Appeal by the plaintiff. Josephine E. Egan, by Luke A. Lockwood, her guardian acl litem, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of August, 1896, denying her motion for a temporary injunction. The injunction asked for was to restrain-the defendant, its officers, agents and employees, during the pendency of the action, from interfering with or disturbing the owner, tenants and occupants of the rear building at No. 55 James street, in the city of New York, in their possession and…
1Opinion of the Court
Van Brunt, P. J.:
The motion in this case does not appear to have been denied because of want of power, and, therefore, if there were facts enough shown upon the motion to justify the court in refusing the injunction, there is no necessity for the discussion upon this appeal of the interesting constitutional questions sought to be presented. The affidavits upon the part of the plaintiff are to the effect that no pestilence or contagious disease had ever occurred in the building; that all the sinks and drains are in perfect sanitary condition and have been continually kept in that condition ;…
2Cases cited1 opinion
- United States Illuminating Co. v. GrantNew York Supreme Court · 1889
3Cited by1 opinion
- Golden v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1897