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SCHRANZ & BIEBER CO. v. QUAYLE

201 Misc. 516 (1951)

Schranz & Bieber Co., Inc., et al., Plaintiffs, v. Frank J. Quayle, as Fire Commissioner of The City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1951.

Attorney(s) appearing for the Case

Martin C. Greene for plaintiffs.

John P. McGrath, Corporation Counsel (Murray Rudman of counsel), for defendants.

SCHREIBER, J.

This is an action for a declaratory judgment and injunctive relief.

One of the plaintiffs is a wholesaler and the other is a retailer of toys, including "toy pistol paper caps which contain less than twenty-hundredths grains of explosive mixture." Such paper caps were exempted from the definition of "fireworks" in section 1894-a of the Penal Law by an amendment enacted by chapter 765 of...

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