Legal Opinion

People ex rel. Agins & Klugerman, Inc. v. Board of Health of the Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 3 opinions

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 it to vacate, set aside and revoke an order of said Board of Health which revoked the permit of the relator theretofore issued by it in…

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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 it to vacate, set aside and revoke an order of said Board of Health which revoked the permit of the relator theretofore issued by it in 1920 to sell milk and milk products in the city of New York.

1Opinion of the Court

Greenbaum, J.:

Defendant’s authority to issue milk permits is conferred by section 155 of the Sanitary Code which in part reads as follows: “No milk, skimmed milk or cream, condensed or *563concentrated milk, condensed skimmed milk or modified milk shall be held, kept, offered for sale, sold or delivered in the City of New York without a permit issued therefor by the Board of Health or otherwise than in accordance with the terms of said permit and with the regulations of said Board. * * * ” (See Code of Ordinances of City of New York, chap. 20, § 155.)

The practically undisputed facts appearing…

2Cases cited2 opinions

  1. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  2. State ex rel. Continental Insurance v. DoyleWisconsin Supreme Court · 1876

3Cited by3 opinions

  1. Gulino Construction Corp. v. HilleboeNew York Supreme Court · 1956
  2. Dening v. CookeNew York Supreme Court · 1937
  3. People ex rel. Feinsmith & Co. v. Board of Health of the Department of HealthAppellate Division of the Supreme Court of the State of New York · 1921

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