SCHILDHAUS v. GILROY


22 Misc.2d 524 (1959)

Arnold Schildhaus, Plaintiff, v. Bernard Gilroy, as Commissioner of the Department of Buildings of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 3, 1959.


Attorney(s) appearing for the Case

Arnold Schildhaus, plaintiff in person.

Charles H. Tenney, Corporation Counsel (Rose Schneph and Joseph Entel of counsel), for defendant.


JACOB MARKOWITZ, J.

Plaintiff moves for judgment on the pleadings. The complaint seeks a declaratory judgment that the "Multiple Dwelling Code, particularly Section D 26-3.1" is unconstitutional, null and void. The basis of plaintiff's attack upon section D26-3.1 of the Administrative Code of the City of New York is that the City of New York had no power to adopt the section because the regulation of multiple...

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