People on Complaint of Allen v. Citadel Management Co., Inc.

Decision Date15 January 1975
PartiesThe PEOPLE of the State of New York on the complaint of Alan R. ALLEN, Respondent, v. CITADEL MANAGEMENT CO., INC., Defendant-Appellant.
CourtNew York Supreme Court — Appellate Term

Irving L. Kalish, New York City, for appellant.

Richard H. Kuh, Dist. Atty. (Peter S. Lushing, Lewis R. Friedman, and Sharon M. Lynch, New York City, of counsel), for respondent.

Before MARKOWITZ, P.J., and FRANK and DUDLEY, JJ.

PER CURIAM:

The evidence was insufficient to establish beyond a reasonable doubt that defendant's failure to provide hot water was wilful or intentional.

Judgment of conviction reversed on the law and the facts, complaint dismissed and fine remitted.

All concur.

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5 cases
  • People v. Jackson
    • United States
    • New York Supreme Court
    • December 6, 1989
    ... ... Co., 260 App Div 253 [21 N.Y.S.2d 270], motion for ... 209, 220, 68 N.Y.S. 383; People v. Citadel Management Co., 78 Misc.2d 626, 627, 355 N.Y.S.2d ... ...
  • People v. Rosenberg
    • United States
    • New York Court of Appeals Court of Appeals
    • July 11, 1978
    ... ... , that law secretary was also persuaded to co-operate with the investigation ... 383, 391; cf. People v. Citadel Mgt. Co., 78 Misc.2d 626, 355 N.Y.S.2d 976, revd ... ...
  • State of NJ v. Kinder
    • United States
    • U.S. District Court — District of New Jersey
    • December 15, 1988
    ... ... The summons and complaint charge defendant with simple assault and battery ... See e.g., Burlington Northern R. Co. v. Woods, 480 U.S. 1, 107 S.Ct. 967, 94 L.Ed.2d ... to assist him has never been doubted." People v. Wyner, 207 Misc. 673, 142 N.Y.S.2d 393 (County ... , 1955); see also, People on Complaint of Allen v. Citadel Management Co., Inc., 78 Misc.2d 626, ... ...
  • Susser v. Fried
    • United States
    • New York City Court
    • September 20, 1982
    ...of long tradition (People v. Vlasto, supra; People v. Citadel Mgt. Co., 78 Misc.2d 626, 355 N.Y.S.2d 976, revd on other grounds 80 Misc.2d 668, 365 N.Y.S.2d 121). To initiate the proceeding, the complainant obtains from a designated court clerk a request to appear. This document, which has ......
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