People v. One Hundred & Thirty-One Boerum Street Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1921, which reversed a judgment of the Court of Special Sessions of the city of New York, convicting the defendant of a misdemeanor for failure to comply with an order of the fire commissioner of the city of New York and dismissed the information. (John F. O’Brien, Joseph I. Berry and Michael J. Kelly of counsel), for appellant.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1921, which reversed a judgment of the Court of Special Sessions of the city of New York, convicting the defendant of a misdemeanor for failure to comply with an order of the fire commissioner of the city of New York and dismissed the information. (John F. O’Brien, Joseph I. Berry and Michael J. Kelly of counsel), for appellant. Since the fire commissioner’s order of December 5, 1916, does not require structural changes, it is authorized by the Code of…
1Opinion of the Court
Hiscock, Ch. J.
The defendant is the owner of a small brick factory building consisting of five stories and in which there are employed, a considerable number of people. On three sides it is surrounded in close proximity by buildings of a highly inflammable character. While the building, upon its front and least exposed side, is equipped with fireproof windows, the windows upon the other three and more exposed sides are not fireproof. Under these circumstances the fire commissioner made and caused to be duly served upon the defendant an order providing as follows: “ You are hereby ordered and…
2Cases cited3 opinions
- People v. . KayeNew York Court of Appeals · 1914
- Browning v. AdamsonAppellate Division of the Supreme Court of the State of New York · 1916
- Matter of Browning v. . AdamsonNew York Court of Appeals · 1917
3Cited by5 opinions
- Paye v. City of Grosse PointeMichigan Supreme Court · 1937
- International Co. v. Sun-Maid Raisin GrowersCourt of Appeals of Maryland · 1925
- Kane v. WalshNew York Supreme Court · 1944
- United States Trust Co. v. . BlakeNew York Court of Appeals · 1922
- Matter of Baerenklau v. ThatcherNew York Court of Appeals · 1936