Williams v. Gallatin

• Decision Date: 11 June 1920
• Citation: 128 N.E. 121,229 N.Y. 248
• Parties: WILLIAMS v. GALLATIN, Com'r of Parks, et al.
• Court: New York Court of Appeals Court of Appeals

229 N.Y. 248

128 N.E. 121

WILLIAMS

v.GALLATIN, Com'r of Parks, et al.

Court of Appeals of New York.

June 11, 1920.

Action by William H. Williams against Francis D. Gallatin, as Commissioner of Parks, etc., of the City of New York, and the Safety Institute of America, Incorporated. From an order of the Special Term, and judgment entered thereon dismissing complaint on his motion for judgment on the pleadings (108 Misc. Rep. 187,178 N. Y. Supp. 148), plaintiff appealed to the Appellate Division, which affirmed (191 App. Div. 171,181 N. Y. Supp. 91), and plaintiff appeals.

Judgment reversed, etc.

Appeal from Supreme Court, Appellate Division, First department.

William B. Roulstone and Colin McLennan, both of New York City, for appellant.

William J. Moran, of New York City, for respondent Safety Institute of America, Inc.

John P. O'Brien, Corporation Counsel, of New York City (John Lehman, of counsel), for respondents Gallatin and city of New York.

POUND, J.

The plaintiff, a taxpayer, seeks to enjoin the defendant New York City park commissioner from executing a lease of the Arsenal Building in Central Park to the other defendant, Safety Institute of America, for a term of 10 years, upon the ground that the use of the premises by the tenant for the purposes expressed in the lease is contrary to the Greater New York Charter in that it is foreign to park purposes. The complaint alleges that Central Park is a public park, owned by the city of New York; that the Arsenal Building is located in Central Park, and is a part thereof, and is intended for use solely as public park property; that the defendant Francis D. Gallatin, as commissioner of Parks, is the chief executive in charge of Central Park and of the Arsenal Building under the provisions of section 612 of the Greater New York Charter (Laws 1901, c. 466); that under section 627 of the Greater New York Charter it is unlawful for the defendants to grant, use, or occupy for the purposes of a public fair or exhibition any portion of Central Park; that the defendants entered into a written lease, a copy of which is attached to the complaint, and defendants plan to proceed with the performance and execution of its terms and with the use and alteration of the said Arsenal Building; that the use of Central Park or the Arsenal Building for any of the purposes referred to will impede and materially hinder the beneficial use of Central Park by the public and the people of the city of New York as a place of resort, amusement, recreation, and exercise; that it was illegal for the defendants to enter into the lease. The lease recites it is made ‘in order to promote and increase the public enjoyment, use and convenience of the public park known as Central Park.’ The further provides:

‘That the said building, after it shall have been altered and repaired as herein provided for, shall be kept open and accessible to the public hereafter free of all charge throughout the year, five days in each week, one of which shall be Sunday afternoon, and also for two evenings in each week, within such hours and subject to such rules and regulations as may be determined by the trustees of said institute; and also that on the two days in each week during which said building may remain closed to the general public, it shall be open and accessible to students, schools and societies organized for the purpose of promoting means and methods of safety and sanitation within such hours and subject to such rules and regulations as may be determined by the trustees of said institute.’

The American Museum of Safety, now the Safety Institute of America, was incorporated by chapter 152 of the Laws of 1911, which, by section 2 thereof, defines its objects as:

‘Sec. 2. The objects of the corporation hereby created are to study and promote means and methods of safety and sanitation and the application thereof to any and all public or private occupations whatsoever, and of advancing knowledge of kindred subjects; and to that end to establish and maintain a museum, library and laboratories, and their branches wherein all matters, methods and means for improving the general condition of the people as to their safety and health may be studied, tested and promoted, with a view to lessening the number of casualties and avoiding the causes of physical suffering and or premature death; and to disseminate the results of such study, researches and test by lectures, exhibitions and other publications.’

Chapter 466, Laws of 1914 (amending Greater New York Charter), section 244a, authorizes the board of estimate and apportionment of the city of New York to appropriate annually ‘such sum as it may deem proper, not exceeding fifty thousand dollars, for the keeping, preservation and exhibition of safety devices and means and methods of safety and sanitation in the building or any part thereof in the city of New York now or hereafter occupied by the American Museum of Safety.’ It is assumed, rather than stipulated, that the...