New York Court of Appeals

Ernest N. Adler, Respondent v. William F. Deegan, as Tenement House Commissioner of the City of New York…

August 8, 1929251 N.Y. 467

Summary

The New York Court of Appeals held that the 1929 Multiple Dwelling Law is constitutional because it does not relate to the "property, affairs or government of cities" within the meaning of the Home Rule amendment, and therefore the Legislature could enact it by a majority vote without a two‑thirds vote or emergency message. The court reversed the lower court and dismissed the complaint. Separate dissenting opinions argued the law was a local measure that violated Home Rule, while concurring opinions agreed with the majority’s interpretation of the constitutional language.