Appellate Terms of the Supreme Court of New York, 1947

Brookhaven Gardens, Inc. v. Katz

Appellate Terms of the Supreme Court of New York · Decided October 27, 1947

190 Misc. 443; 75 N.Y.S.2d 748; 1947 N.Y. Misc. LEXIS 3473

Counsel

Leo Brown and Robert H. Schaffer for appellant., Michael M. Platzman for respondent.

Opinion of the Court

Per Curiam.

It is not disputed that plaintiff’s camp was operated without the permit required by chapter VII of the State Sanitary Code (Official Compilation of Codes, Rules and *444Regulations of State of New York, Vol. 2, p. 858 et seq.), adopted pursuant to section 2-b of the Public Health Law for the protection of the public health. It may not, therefore, recover on the contract made with defendant.

Order reversed, with $10 costs, and motion granted.

McLaughlin, Eder and Heoht, Jr., JJ., concur.

Order reversed, etc.

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