Tenement House Department v. Moeschen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Katie Moesehen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1903, granting á mandatory in junction pendente lite, The defendant is the owner in fee of a tenement house accommodating twenty families, located at No. 332 East Thirty-ninth street, New York city, valued at $16,500,- her equity therein being $3,500. She has failed to comply…
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Appeal by the defendant, Katie Moesehen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1903, granting á mandatory in junction pendente lite, The defendant is the owner in fee of a tenement house accommodating twenty families, located at No. 332 East Thirty-ninth street, New York city, valued at $16,500,- her equity therein being $3,500. She has failed to comply with the provisions of the Tenement House Act (Laws of 1901, chap. 334), which went into effect on April 12, 1901, in…
1Opinion of the Court
O’Bbieit, J.:
In the disposition of the legal question presented for our consideration we are not required to pass upon questions of fact, as to *529whether or not one kind of water closet is better than another or whether or not under certain conditions and manner of use a particular owner might be able by means of a school sink to keep his property in a sanitary condition, because these are all considerations to be addressed to the Legislature or to the tenement house commission to whom the Legislature has relegated the determination of such questions. In the discussion upon which we enter,…
2Cases cited9 opinions
- In Re KemmlerSupreme Court of the United States · 1890
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moeschen v. Tenement House Department of the New YorkSupreme Court of the United States · 1906
- Cockcroft v. MitchellAppellate Division of the Supreme Court of the State of New York · 1919
- City of New York v. Chelsea Jute MillsCity of New York Municipal Court · 1904
- People v. HalpernLong Beach City Court · 1969
- Cockcroft v. MitchellNew York Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.