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BOORD v. O'BRIEN

277 A.D. 253 (1950)

Abraham Boord, Appellant-Respondent, v. William P. O'Brien, as Police Commissioner of The City of New York, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1950.

Attorney(s) appearing for the Case

Lawrence Kovalsky of counsel (David Goldstein with him on the brief; Goldstein & Goldstein, attorneys), for appellant-respondent.

Daniel T. Scannell of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for respondent-appellant.

GLENNON and VAN VOORHIS, JJ., concur with PECK, P. J.; COHN, J., dissents and votes to reverse the judgment insofar as it enjoins the promulgation of rule 5 prohibiting licensees from acting as chauffeurs while working as hotel runners, and votes to affirm that portion of the judgment which sustains rule 4 prohibiting diversion of visitors, in an opinion in which DORE, J., concurs.

PECK, P. J.

Plaintiff is a hotel runner. He stations himself at the New York exit of the Holland Tunnel and solicits patronage for hotels which pay him on a commission basis.

Hotel runners are licensed under section 436-3.0 of title A of chapter 18 of the Administrative Code of the City of New York. (Local Laws, 1947, No. 39 of City of New York.) It is there declared that the business of hotel runner is...

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