GROSSMAN v. BAUMGARTNER


22 A.D.2d 100 (1964)

Fred Grossman et al., Respondents, v. Leona Baumgartner, as Commissioner of Health of The City of New York, et al., Appellants

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

December 1, 1964.


Attorney(s) appearing for the Case

Joseph N. Friedman of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for appellants.

Lester Landy of counsel (Landy & Schwartz, attorneys), for respondents.

BREITEL, J. P., McNALLY and BASTOW, JJ., concur with STEUER, J.; RABIN, J., dissents in opinion.


STEUER, J.

This action, brought by two operators of tattooing establishments, seeks a declaratory judgment declaring section 181.15 of the New York City Health Code unconstitutional and enjoining respondents, the Board of Health and the Department of Health, from enforcing it. The section makes it unlawful for any person to tattoo a human being. An exception is made for physicians acting for medical purposes. The plaintiffs prevailed at Special Term....

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