169 Misc. 109 | N.Y. Sup. Ct. | 1938
In an action for a permanent injunction to restrain the defendants, the city of New York, its mayor and police commissioner, from interfering with “ the execution of the plaintiff’s contracts with its advertisers for the operation of aircraft towing advertising banners ” over the city of New York, plaintiff here moves fot a temporary injunction. _
The respondents, on the other hand, contend, by their opposing affidavits, that the police commissioner, under section 435 of the New York City Charter, is-expressly charged with the duty “to protect the rights of persons and property; ” that on April 27, 1937, the board of aldermen of the city of New York enacted an ordinance which is now section 436-4.0 of the Administrative Code of the City of New York, which deals with the “ operation of aircraft towing banners over the city, and pilots thereof; ” that said section was enacted by the State Legislature by chapter 929 of the Laws of 1937, and that subdivision “ c ” of said ordinance provides in part as follows: “ c. All such permits shall be issued, suspended or revoked, in the discretion of the police commissioner, and subject to such rules and regulations as may be adopted by him in. the best interests of safety to public health, life and property; ” that pursuant to the power delegated to him by such law, he adopted rules and regulations dated October 15, 1937, which he then thought to be in the best interests of safety to public health, life and property; that on August 7, 1938, one Louis S. Purchase, operating under a transport pilot license issued to him pursuant to said section 436-4.0 of the Administrative Code, made a forced “ upside-down emergency landing ” in Dreamland Park, located adjacent to the boardwalk and beach at Coney Island, where about 800,000 persons were gathered, and wrecked his plane, to the imminent danger of many thousands of persons congregated within a short distance of such place of landing; that this pilot was then in the employ of the plaintiff, and operating his aircraft and trailing a banner advertising a certain beverage. The papers before me do not indicate the weight or size of this banner, but from the
The plaintiff corporation, which does not hold any license issued by the police department, urges, in support of its motion, (1) that the ordinance under which the police commissioner has suspended the Acense of Pilot Reynolds is invalid, because (a) the city had no power to pass such an ordinance, (b) that the ordinance is unreasonable, and (c) that the ordinance seeks to delegate to the poAce commissioner purely législative powers; and (2) that the poAce commissioner’s actions in revoking or suspending all permits by a blanket order is arbitrary and unreasonable. It may be observed here that upon the appAcation of Pilot Robert F. Reynolds for an order compelAng the poAce commissioner to restore his Acense to him, Mr. Justice Noonan, sitting in the First Department, denied said appAcation a few days ago.
After careful consideration of the facts presented in the papers before me, and of the authorities cited by counsel for both sides, which it is needless to review here, I am of the opinion that section 436-4.0 of the Administrative Code is a proper and valid exercise of poAce power, since it is intended to provide for the reasonable safety of the community. I am not unmindful of the fact that