Kraus v. Birns

A trial of this action for a declaratory judgment and injunction was had before the court without a jury.

This is an action by both Benedict H. Kraus and Sherman Equities Inc., as plaintiffs, for a declaratory judgment declaring the subject premises, presently called the Hotel Sherman and located at 302 West 47th Street, New York City, to be a hotel and restraining the Commissioner of Buildings from criminally prosecuting Benedict H. Kraus, president of Sherman Equities Inc., for violation" of section D26-3.22 of the Administrative Code of the City of New York prohibiting operation of a…