
    The Health Department of the City of New York, Resp’t, v. Howard D. Hamm, App’lt.
    Appeal from a judgment for plaintiff, recovered in the district court in the city of New York for the third judicial-district. Action to recover the penalty of ten dollars per day, provided for by § 665 of the consolidation act, chapter 410, Laws 1882, and incurred by defendant for having erected a building in violation of tire plans and specifications as approved by the health department in the city of New York, pursuant to authority conferred by title 7, §§ 660, etc., of the act referred to. See also chapter 275, Laws 1892, giving to the department of buildings power to prosecute for such violations.
    
      Eugene Otterbourg, for resp’t; Early, for app’lt.
   Bischoff, J.

The evidence is, in our opinion, conclusive that defendant’s buildings were not constructed, in respect to light, air, ventilation and drainage, agreeably to the plans and specifications approved by the health department in the city of Hew York, pursuant to the authority vested in it at the time by the consolidation act. Laws 1882, chapter 410, § 661. In fact, so far as the cellar arches and supporting columns were concerned, this was conceded by defendant, whose only excuse for having deviated from the approved plan was that it was permitted by an inspector of the health department, but whose authority to grant such permission, t-hus nullifying the resolution of the board, was not even attempted to be sustained by defendant. It was also admitted by defendant that the sky-light over the main stairs, which the plan required, was not provided for.

The judgment should be affirmed, with costs.

Giegerich, J., concurs.  