Kenny v. Department of Health

Headnote

New York city — validity of regulation of department of health preventing-carting of manure directly from stables to points outside city.

Kenny v. Dept, of Health, City of New York, 200 App. Div. 870 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department entered January 17, 1922, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. Plaintiffs were in the business of carting horse manure from stables in the borough of Manhattan to places outside the city of New York. On February 25,1919, the department of health enacted a regulation the effect of which was to prevent the carting of manure directly from the stables in the city to points outside of the city and to compel the carting of the manure to dumps ■ operated under the permits issued by the department of health and to farms in the unimproved sections of the city. In this action judgment was demanded declaring such regulation of the department of health of the city of New York void and enjoining the defendant from enforcing said regulation and enjoining the defendant from revoking certain permits issued to the plaintiffs.