Tenement House Department v. . McDevitt
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4, 1914, affirming a determination of the Appellate Term which affirmed a judgment of the Municipal Court of the city of New York in favor of defendant dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4, 1914, affirming a determination of the Appellate Term which affirmed a judgment of the Municipal Court of the city of New York in favor of defendant dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Sections 109 and 124 of the Tenement House Law render an owner liable for a penalty of fifty dollars, where his house is used for the purposes of prostitution irrespective of knowledge on his part of…
1Opinion of the Court
. Cardozo, J,
The action is brought to recover, a penalty for the violation of section 109 of the Tenement House Law (L. 1909, ch. 99, as amended by L. 1913, ch. 598). The charge is that the building has been used for the .purpose of prostitution. The building is a tenement house, and is the home of twenty-two families. The defendant "is the owner. It is conceded that on July 23, 1913, two women, one the occupant of an apartment on the first floor, and the other the occupant of an apartment on the second floor, used their rooms for the purpose of prostitution, and that they were arrested,…
2Cases cited29 opinions
- Callan v. WilsonSupreme Court of the United States · 1888
- Ex Parte WilsonSupreme Court of the United States · 1885
- Schick v. United StatesSupreme Court of the United States · 1904
- MacKin v. United StatesSupreme Court of the United States · 1886
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
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3Cited by74 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Staples v. United StatesSupreme Court of the United States · 1994
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- John Winston Ono Lennon v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1975
- People v. ScottNew York Court of Appeals · 1970
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