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CONSOL. EDISON CO. v. MURTAGH

280 A.D. 221 (1952)

Consolidated Edison Company of New York, Inc., Plaintiff, v. John M. Murtagh, Individually and as Chief Magistrate of the Magistrate's Court of The City of New York, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1952.

Attorney(s) appearing for the Case

Colley E. Williams of counsel (John V. Thornton and Sidney L. Davis on the brief; Whitman, Ransom, Coulson & Goetz, attorneys), for plaintiff.

Arthur J. Goldsmith of counsel (George J. Elkins on the brief; Denis M. Hurley, Corporation Counsel), for defendants.

PECK, P. J., COHN and HEFFERNAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in opinion.

Per Curiam.

This is a submitted controversy as to whether the Magistrate's Court has jurisdiction to entertain a prosecution for the discharge of dense smoke in violation of section D26-1.0 of chapter 26 of the Administrative Code of the City of New York and paragraph 1.1.1 of subdivision 1.1 of section 1 of the Rules and Regulations of the Bureau of Smoke Control. The stipulation poses the case of a proceeding brought...

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