Tenement House Department of the City of New York, Respondent, v. Two Hundred and Two Hundred and Two Manhattan Avenue, Borough of Manhattan, City of New York, Appellant

Tenement House Department of the City of New York, Respondent, v. Two Hundred and Two Hundred and Two Manhattan Avenue, Borough of Manhattan, City of New York, Appellant. Appeal from an order of the Supreme Court, made at Special Term and entered in the New York county clerk’s office on the 7th day of April, 1915, denying the defendant’s motion for a trial by jury. [MAJORITY — Per Curiam:] Per Curiam: The action being one to enforce a penalty defendant had a constitutional right to a jury trial which, under the circumstances disclosed, we hold was not waived. The order should be reversed, without costs, and the motion granted, without costs to the extent of framing the following issues: (1) At the time or times alleged in the complaint were the therein described premises, JSTos. 300 and 303 Manhattan avenue, a tenement house? (3) At said time or times were said premises used for the purpose of a house of prostitution or assignation of any description, with the permission of the owner thereof or his agent? Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, without costs, and motion granted, without costs, to the extent stated in opinion.