
    Tenement House Department of the City of New York, Appellant, v. Charles S. Meyerson, Respondent.
    (Supreme Court, Appellate Term, First Department,
    November, 1915.)
    Penalties — action to recover — court may not suspend penalties which legislature has provided for violations of law — judgment.
    The court may not suspend penalties which the legislature has provided for violations of law because in an individual case it may seem unfair and inequitable to enforce the law.
    A judgment directed for the defendant in an action to recover a penalty for the existence of fire escape violations in the face of uncontradicted proof of the existence of one item of said violations must be reversed and judgment directed for plaintiff.
    Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of the defendant, rendered by the court.
    Lamar Hardy (John P. O’Brien, and F. E. V. Dunn, of counsel), for appellant.
    Jacob Manheim, for respondent.
   Shearn, J.

This action is one to recover a penalty of fifty dollars for the existence of fire escape violations. Despite the fact that'item 3 of the violations was proved to exist without any contradiction, the court directed judgment for the defendant. The court’s view seems to be that because the defendant filed plans for the improvement of the building, which included doing away with the violations, an'd because tlie violations were subsequently removed, it would be barsb and beyond tbe contemplation of tbe statute to impose tbe penalty. It is not witbin tbe power of tbe court to suspend penalties wbicb tbe legislature bas provided for violations of law because in an individual case it may seem unfair and inequitable to enforce tbe law. 'There is no force in tbe argument of tbe respondent that a tenement bouse ceases to be a tenement bouse whenever tbe number of tenancies drops for tbe time being below three.

Judgment reversed with thirty dollars costs, and judgment directed in favor of the plaintiff against tbe defendant for fifty dollars and appropriate costs in court below.

Bijur and Page, JJ., concur.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff.  