Appellate Division of the Supreme Court of New York, 1921

People ex rel. Feinsmith & Co. v. Board of Health of the Department of Health

Appellate Division of the Supreme Court of New York · Decided July 1, 1921 · Greenbaum

197 A.D. 565; 189 N.Y.S. 509; 1921 N.Y. App. Div. LEXIS 7502

Counsel

Willard S. Allen of counsel [George P. Nicholson, John F. O’Brien and Bussell Lord Tarbox with him on the brief; John P. O’Brien, Corporation Counsel, attorney], for the appellant., Benjamin F. Schreiber of counsel [Alfred Bathheim with him on the brief; Schreiber & Collins, attorneys], for the respondent.

Opinion 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 dollars costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.