City of New York v. Alhambra Theatre Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of' New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office Of the clerk of the county of New York on the 12th day of June, 1909, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 25th day of June, 1909, denying the plaintiff’s motion for a new trial made upon the minutes. -
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover a penalty of $500 for an alleged violation by the defendant of an -ordinance of the city of Hew York prohibiting certain theatrical performances on Sunday. The ordinance in question was passed in December, 1907, and pro - vides that for a violation of the same an action may be maintained by the corporation counsel in the name of the city to recover the penalty therein provided, and, if a recovery be had, the judgment in and of itself vacates and annuls any license held by such violator. •At the conclusion of the trial the court — there being…
2Cases cited5 opinions
- People v. . MeakimNew York Court of Appeals · 1892
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Hammerstein v. O'GormanAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. Alhambra TheaterNew York Supreme Court · 1909
3Cited by3 opinions
- United States v. Hooker Chemicals & Plastics Corp.District Court, W.D. New York · 1990
- Schacht v. City of New YorkNew York Supreme Court · 1961
- People v. Henry Maillard, Inc.Appellate Division of the Supreme Court of the State of New York · 1920