Tenement House Department v. 200 & 202 Manhattan Avenue

Appellate Division of the Supreme Court of New York

Tenement House Department v. 200 & 202 Manhattan Avenue

153 N.Y.S. 769, 169 A.D. 922, 1915 N.Y. App. Div. LEXIS 8323

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1915

DocketNo. 7425

StatusPublished

This text of 153 N.Y.S. 769 (Tenement House Department v. 200 & 202 Manhattan Avenue) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenement House Department v. 200 & 202 Manhattan Avenue, 153 N.Y.S. 769, 169 A.D. 922, 1915 N.Y. App. Div. LEXIS 8323 (N.Y. Ct. App. 1915).

Pincite

Opinion

PER CURIAM.

The action being one to enforce a penalty, defendant had a constitutional right to a jury trial, which, under the circumstances disclosed, we hold was not waived. The order should be reversed, without costs, and the motion granted, without costs, to the extent of framing the following issues:

(1) At the time or times alleged in the complaint were the therein described premises, Nos. 200 and 202 Manhattan avenue, a tenement house ?

(2) At said time or times were said premises used for the purpose of a house of prostitution or assignation of any description, with the knowledge or permission of the owner thereof or his agent ?

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PER CURIAM.

The action being one to enforce a penalty, defendant had a constitutional right to a jury trial, which, under the circumstances disclosed, we hold was not waived. The order should be reversed, without costs, and the motion granted, without costs, to the extent of framing the following issues:

(1) At the time or times alleged in the complaint were the therein described premises, Nos. 200 and 202 Manhattan avenue, a tenement house ?

(2) At said time or times were said premises used for the purpose of a house of prostitution or assignation of any description, with the knowledge or permission of the owner thereof or his agent ?

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Bluebook (online)

153 N.Y.S. 769, 169 A.D. 922, 1915 N.Y. App. Div. LEXIS 8323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tenement-house-department-v-200-202-manhattan-avenue-nyappdiv-1915.