94 N.Y.S. 63 | N.Y. App. Div. | 1905
In the month of October, 1901, the petitioner submitted plans for the erection of a building in Brooklyn which were duly approved and a permit was issued. The plans provided for a three-story building to be used for bowling-alley purposes, the building to be eighty-five feet.by thirty-three feet in length and breadth, and forty-
While the order appealed from imperatively requires the superintendent of buildings to accept the proposed amendment and to issue a permit thereon, it contains in addition this qualification, viz.: “ This application is granted without prejudice to the Superintendent of Public Buildings, pointing out specifically any lawful requirements in respect to stairways, galleries or otherwise, and requiring them to be complied with.” In other words, the order requires the issuance of a peremptory writ of mandamus compelling the superintendent to approve the amended plan, but without prejudice to his right to make, and to compel compliance with, whatever lawful changes he may see fit to order.
Our attention is called to no authority for the granting of the order, and reason suggests none. Section 108 of the Building Code of the city of New York provides that “in all buildings of a public character, such 'as hotels, churches, theatres, restaurants, railroad depots, public halls, and other buildings used or intended to be used. for purposes of jfublic assembly, amusement or instruction, * * * the halls, doors, stairways, seats, passageways and aisles * * shall be arranged as the Department of Buildings shall direct, to facilitate egress in cases of fire-and accident, and to afford the requisite and proper accommodation for the public protection in such cases.” . (Thomson’s Anno. Greater N. Y. Charter, 997, 998.) The order, taken as a whole, indicates that the plan proposed by the petitioner is regarded by the learned court at Special Term as inadequate, and that the discretion vested in the superintendent of buildings has been wisely exercised in its rejection. In
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with costs.
Bartlett,, Woodward, Jenics and Miller, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with costs.