City of New York v. Foster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant^ Morton H. C. Foster, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New. York on the 23d day of May, 1911, reversing a judgment of the Municipal Court of the city of New York in favor of the defendant and granting a new trial in an action to recover a penalty for a violation of section 97 of the Building Code.
1Opinion of the Court
Ingraham, P. J.:
The question presented on this appeal is, whether section 97 of the Building Code is applicable to buildings constructed before the Building Code was adopted. The Building Code, as at present in force, was adopted on October 24, 1899, under the authority contained in section 647 of the Greater New York charter (Laws of 1897, chap. 378). By section 407 of the charter of 1901 (Laws of 1901, chap. 466) there was continued in force the Building Code in force on January 1, 1902. By section 407 of the charter, as amended by chapter 602 of the Laws -of 1904 and by section 2 of…
2Cases cited8 opinions
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Tenement House Department v. MoeschenNew York Court of Appeals · 1904
- Racine v. . MorrisNew York Court of Appeals · 1911
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
- Moeschen v. Tenement House Department of the New YorkSupreme Court of the United States · 1906
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3Cited by12 opinions
- Kaiser Foundation Hospitals v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1978
- Record v. Indemnity InsuranceCalifornia Court of Appeal · 1951
- Cahill v. WissnerAppellate Division of the Supreme Court of the State of New York · 1918
- Long Island Home Ltd. v. WhalenAppellate Division of the Supreme Court of the State of New York · 1978
- Oil City Discount Center, Inc. v. City of YonkersNew York Supreme Court · 1967
7 more not listed; retrieve them via the Exa API.