105 N.Y.S. 353 | N.Y. App. Term. | 1907
This action was commenced by the plaintiff, as fire commissioner of the city of New York, pursuant to the provisions of section 731 of the Greater New York Charter, to recover, under the provisions of section 773 of the said charter, from the defendants a fine or penalty, in the sum of fifty dollars, for an alleged violation of section 762 of the said charter. Section 762 of the charter provides . as follows: “ The owners and proprietors of all manufactories, hotels, tenement-houses, apartment-houses, office buildings, boarding and lodging-houses, warehouses, stores and offices, theatres and music halls, and the authorities or persons having charge of all hospitals and asylums, and of the public schools and other public buildings, churches and other places where large numbers of persons are congregated for purposes of worship, instruction or amusement, shall provide su h means of communicating alarms of fire, accident or danger, to the police and fire departments, respectively, as the fire commissioner or police board may direct, and shall also provide such fire hose, fire extinguishers, buckets, axes, fire hooks, fire doors and other means of preventing and extinguishing fires as said fire commissioner may direct.” Section 773 of the charter provides as follows: “Any person, persons, or corporation, for the violation of, or non-compliance with, any of the several provisions of the several sections of this title, when the penalty is not therein specially provided, shall severally forfeit and pay a fine or penalty in the sum of $50 for each and every offense.” The defendants are trustees of the estate of Eugene A. Hoffman, deceased, and as such trustees are the owners of the premises Ho. 50 Warren street, borough of Manhattan, city of New York. On May 16, 1906, the fire commissioner of the city of New York, pursuant to section 762 of the charter, issued, and on the day following caused to be served upon the defendants, an order requiring these defendants to install, or cause to be installed, in the said premises Ho, 50 Warren
The judgment should be affirmed, with costs.
Gildersleeve and Platzek, JJ., concur.
Judgment affirmed, with costs,