People ex rel. Feinsmith & Co. v. Board of Health of the Department of Health
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board of Health of the Department of Health of the City of New York, from-so much-of 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 21st day of May, 1921, as directs the issuance of an alternative writ of mandamus requiring the Board of Health of the Department of Health of the City of New York to vacate, set aside and revoke an . order of said Board of…
Read the full summary
Appeal by the defendant, The Board of Health of the Department of Health of the City of New York, from-so much-of 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 21st day of May, 1921, as directs the issuance of an alternative writ of mandamus requiring the Board of Health of the Department of Health of the City of New York to vacate, set aside and revoke an . order of said Board of Health which revoked the permit of the relator theretofore issued by it to sell milk and milk products in the city of New…
1Opinion of the Court
Greenbaum, J.:
The facts in this case are in their essential aspects analogous and similar to those appearing in the case of People ex rel. Agins & K., Inc., v. Bd. of Health (197 App. Div. 562), submitted simultaneously with the instant appeal.
For the reasons stated in the Agins Case (supra) the order directing an alternative writ is reversed, with ten dollars costs and disbursements, and the motion for the writ denied, with fifty dollars costs.
Clarke, P. J., Laughlin, Dowling and Merrell, JJ., concur.
Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty…
2Cases cited1 opinion
- People ex rel. Agins & Klugerman, Inc. v. Board of Health of the Department of HealthAppellate Division of the Supreme Court of the State of New York · 1921