Legal Opinion · Dissent

People v. . Kaye

New York Court of Appeals

Decided July 14, 1914Published

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, which affirmed a judgment of the Court of Special Sessions in the city of New York convicting the defendant of a misdemeanor in failing to comply with an order of the fire commissioner of the city of New York. The facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, which affirmed a judgment of the Court of Special Sessions in the city of New York convicting the defendant of a misdemeanor in failing to comply with an order of the fire commissioner of the city of New York. The facts, so far as material, are stated in the opinion. The rule or doctrine of ejusdem generis must be applied in interpreting the ordinance. (2 Lewis’ Sutherland’s Statutory Construction [2d ed.], § 422; Matter of Robinson, 203 N. Y. 380; Burks v. Bosso,…

1DissentHogan, J.

The authority of the legislature in the exercise of the police power to require owners of buildings to make any improvement essential to the protection of the lives of individuals employed therein is well established, and the wisdom of such legislation cannot be seriously questioned.

In this case we are concerned only with the provisions of the act of the legislature found in the charter of the city of Yew York, and the ordinances of the city adopted pursuant to such legislation.

The order in this proceeding, for a violation of which defendant has been convicted of a penal offense, purported to…

2Cases cited4 opinions

  1. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  2. Burks v. . BossoNew York Court of Appeals · 1905
  3. Lantry v. MedeAppellate Division of the Supreme Court of the State of New York · 1908
  4. Lantry v. . MedeNew York Court of Appeals · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API