Legal Opinion

People ex rel. Namm v. Carlin

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1918PublishedCited by 1 opinion

Appeal by the defendant, Patrick J. Carlin, as superintendent, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of May, 1917, granting relator’s application for a peremptory writ of mandamus.

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Appeal by the defendant, Patrick J. Carlin, as superintendent, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of May, 1917, granting relator’s application for a peremptory writ of mandamus. The superintendent of buildings, in charge of the bureau of buildings for the borough of Brooklyn, has official powers and duties defined in the Greater New York charter, section 411,* and the Building Code of the city of New York. Relator as owner of real property situate at Nos. 452-454 Fulton street,…

1Opinion of the Court

Putntam, J.:

The superintendent of buildings had to determine on the safety of relator’s proposed structure. With the deeper wall of the subway less than two feet from relator’s building line, he rightly considered such a ten-story structure as unsafe, unless supported by a foundation of equal depth with the subway. ___

The statutes cited contain directions as to materials, plan and construction, but with other provisions that are left to the judgment of the superintendent of buildings. There is a right of appeal to a board of appeals from his decision. (Greater N. Y. Charter [Laws of 1901,…

2Cases cited1 opinion

  1. In re HartmanAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Silver v. RiegelmannAppellate Division of the Supreme Court of the State of New York · 1919

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