City of New York v. Alhambra Theatre Co. — 202 N.Y. 528

Majority

p. 528

The City of New York, Respondent, v. Alhambra Theatre Company, Appellant.

Headnote

City of New York v. Alhambra Theatre Co., 136 App. Div. 509 , affirmed.

(Argued April 4, 1911;

decided April 25, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover a penalty for an alleged violation of an

p. 529

ordinance of the city of New York prohibiting theatrical performances on Sunday.

Louis J. Vorhaus and Charles Goldzier for appellant.

Archibald R. Watson, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., .G-ray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.