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In re the City of New York

275 A.D.2d 948 Court N.Y. App. Div. Decision date 1949-06-13 English

Contents

Majority

p. 948
In the Matter of the City of New York, Respondent. Juno Woodworking Co., Inc., Appellant.

In the

p. 949
light of the provision in the statute (subd. 2) relating to “any building erected after the first day of January, nineteen hundred twenty ” there is no restriction as to time to the application of the statute to buildings erected prior to April 29, 1941. Reading such a time restriction or limitation into the statute would be judicial legislation. (Lawrence Constr. Corp. v. State of New York, 293 N. Y. 634 , 639.) Carswell, Acting P. J., Johnston, Adel, Sneed and MaeCrate, JJ., concur.

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