Brookhaven Gardens, Inc. v. Katz

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1947-10-27
Citations: 190 Misc. 443, 75 N.Y.S.2d 748, 1947 N.Y. Misc. LEXIS 3473
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Lead Opinion
Per Curiam.

It is not disputed that plaintiff’s camp was operated without the permit required by chapter VII of the State Sanitary Code (Official Compilation of Codes, Rules and

Page 444
Regulations of State of New York, Vol. 2, p. 858 et seq.), adopted pursuant to section 2-b of the Public Health Law for the protection of the public health. It may not, therefore, recover on the contract made with defendant.

Order reversed, with $10 costs, and motion granted.

McLaughlin, Eder and Heoht, Jr., JJ., concur.

Order reversed, etc.