Tenement House Department v. Hutkoff

The action is brought to recover the sum of $250, as a penalty f,or the violation of the provisions of section 39 of the Tenement House Law (Laws 1909, c. 99; Consol. Laws, c. 61.). On the trial it was stipulated that, if a recovery was had, it should be limited to the sum of $50, without costs. Section 39 says :

“No tenement house, nor any part thereof, nor of the lot upon which it is situated, shall be used as a place of storage, keeping or handling of any combustible article except under such conditions as may be prescribed by the fire department, under authority of a written permit issued…