Tenement House Department of the City of New York, Appellant v. Lucy A. McDevitt, Respondent

Summary

The Court of Appeals affirmed the lower courts' dismissal of the penalty action, holding that a single isolated act of prostitution by a tenant does not constitute a "use" of the tenement for prostitution within the meaning of §109, and therefore the owner is not liable for the statutory penalty. The Court also affirmed that liability under §124 does not depend on the owner's knowledge but does require a condition of permanence sufficient to show the building was kept or maintained for that purpose.