Appellate Division of the Supreme Court of New York, 1949

In re the City of New York

In re the City of New York
Appellate Division of the Supreme Court of New York · Decided June 13, 1949
275 A.D.2d 948
In re the City of New York

Opinion of the Court

In the *949light of the provision in the statute (subd. 2) relating to β€œany building erected after the first day of January, nineteen hundred twenty ” there is no restriction as to time to the application of the statute to buildings erected prior to April 29, 1941. Reading such a time restriction or limitation into the statute would be judicial legislation. (Lawrence Constr. Corp. v. State of New York, 293 N. Y. 634, 639.) Carswell, Acting P. J., Johnston, Adel, Sneed and MaeCrate, JJ., concur.

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