
    Joseph Keller, Respondent, v. Jamaica Motor Service Corporation, Appellant.
    Supreme Court, Appellate Term, Second Department,
    April 24, 1925.
    Constitutional law — Penal Law, § 2039, making it a misdemeanor to apply for loan on real property without written consent of owner is unconstitutional.
    Section 2039 of'the Penal Law, which makes it a misdemeanor for any one to make an unauthorized application for a loan upon real property, is unconstitutional.
    
      Appeal from a judgment of the Municipal Court, Borough of Queens, Fourth District.
    
      William G. Gautier, for the appellant.
    
      William E. Kennedy, for the respondent.
   Per Curiam:

Judgment affirmed, with twenty-five dollars costs.

Section 2039 of the Penal Law, which makes it a misdemeanor for any one to apply for a. loan upon real property without the written authority of the owner, is unconstitutional. (See Fisher Company v. Woods, 187 N. Y. 90.) This was the only point raised on the trial.

Present: Cropsey, Lazansky and MacCrate, JJ.  