Department of Health v. Wendel
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Oourt of the city of New York, seventh district, borough of Manhattan. Action for a penalty under the charter of the city of New York.
1Opinion of the CourtO’Gorman, J.
The defendant, the owner of the building in question, has been out of possession for more than eleven years, and his lessee, under a twenty-one-year lease, was in actual possession when the penalty accrued. All the work ordered by the department of health, including the furnishing of suitable ash and garbage receptacles, related to matters necessarily incident to the use of the premises, and the test, as to liability for a noncompliance, is, who is in control of the property — who suffered the offensive condition to exist? It is quite clear that the lessee or occupant is the offender. It is…
2Cases cited2 opinions
- Ditchett v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1876
- Mayor v. CorliesThe Superior Court of New York City · 1848
3Cited by1 opinion
- Department of Health v. WendelAppellate Division of the Supreme Court of the State of New York · 1901