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People v. Pease & Elliman, Inc.

219 N.Y. 627 Court N.Y. Decision date 1916-12-05 English

Contents

Majority

p. 627
The People of the State of New York, Respondent, v. Pease & Elliman, Inc., Appellant.

Headnote

People v. Pease & Elliman, Inc., 173 App. Div. 752 , affirmed.
(Argued October 30, 1916;
decided December 5, 1916.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, which affirmed a judgment of the court of Special Sessions of the city of New York convicting the defendant of a violation of section 79-b of the Labor Law in failing to provide two means of exit and escape from fire on each floor of a building.
Alfred H. Holbrook for appellant.
Edward Swann, District Attorney (Robert S. John-stone of counsel), for respondent.
W. H. L. Edwards, Richard S. Holmes, Richard Ely and George W. Olvany for intervenors.

We think the defendant’s objection to the information must fail. The other questions argued in the briefs and at our bar we are without jurisdiction to determine. They are not presented by any exception, for there was no motion at the close of the case for the acquittal of the defendant (People v. Bresler, 218 N. Y. 567 ). We are, therefore, without power to determine upon this record whether section 79-b of the Labor Law has been properly construed.

The judgment should be affirmed.

Willard Bartlett, Oh. J., Hiscook, Ohase, Collin, Hogan, Cardozo and Pound, JJ., concur.

Judgment affirmed.

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