Legal Opinion

Department of Health v. Halpin

Appellate Terms of the Supreme Court of New York

Decided March 15, 1903PublishedCited by 2 opinions

Appeal by the plaintiff from a judgment rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan, on the 14th of November, 1902, and filed and entered in the office of the clerk of that court on the same day, dismissing the complaint on the ground of lack of jurisdiction.

1Opinion of the CourtGiegerich, J.

The action was commenced by personal service of the summons on the defendant on the 30th day of September, 1902, and was brought to recover a penalty of $250 from the' defendant for a violation of the order of the board of health, issued to the defendant on the 6th day of August, 1902, directing her to make certain improvements required by the Sanitary Code, on the premises 537 and 539 West One Hundred and Thirty-third street, owned by her.

The defendant did not appear on the return day of the summons or on the trial of the action. The testimony of the inspector showed that at the time of his…

2Cases cited1 opinion

  1. Barker v. ArcherAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. In re The North American Mercantile Agency Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. City of New York v. GreisAppellate Terms of the Supreme Court of New York · 1919

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