People ex rel. Lemon v. Elmore

Order denying motion to dismiss complaint affirmed, with ten dollars costs and disbursements. While that part of the act (Laws of 1927, chap. 670, as amd. by *870Laws of 1928, chap. 266) which provides for the infliction of a penalty and a forfeiture may be unconstitutional, that part thereof which empowers the court to restrain the nuisance is valid. Lazansky, P. J., Young and Hagarty, JJ., concur; Seudder, J., with whom Carswell, J., concurs, dissents and reads for reversal.

Scttodeb, J. (dissenting). The action was brought under the Public Health Law (Art. 17-A) for an injunction restraining…