Josephine E. Egan, by Luke A. Lockwood, her Guardian ad Litem, Plaintiff, v. The Health Department of the City of New York, Defendant.
(Supreme Court, New York Special Term,
March, 1897.)
1. Nuisance — Unsanitary buildings.
An order of the health department, requiring the tenants of specified premises to vacate the same and prohibiting its further use as- a human habitation without a written permit from the board, is- not final and conclusive, but is open to judicial review, and hence such a determination, when made without notice to the owner of the building, does not constitute a taking of property without due process of law.
¡2. Same — Construction of order.
Such an order applies only to existing conditions, and upon an abatement of the nuisance it becomes the duty of the board to vacate the order.
3. Same — Constitutional law.
The scheme provided b, section 659 of the Consolidation Act, as amended by chapter 567, Laws of 1895, for the abatement of the nuisance of unsanitary buildings is not unconstitutional.
. Action to enjoin the enforcement of an order of the health department of the city of Hew York.
Redfield & Redfield and Henry A. Forster, for plaintiff.
Henry Steinert and Roger Foster, for defendant.
Beekmau, J.