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GORDON v. McGOVERN

284 A.D. 25 (1954)

Emanuel Gordon, Suing on Behalf of Himself and All Other Similarly Situated Pawnbrokers in The City of Buffalo, Respondent, v. J. Raymond McGovern, as Comptroller of The State of New York, Appellant

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

April 28, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Ruth Kessler Toch and Wendell P. Brown of counsel), for appellant.

Herbert Shafer and Robert P. Freedman for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

VAUGHAN, J.

The question before the Special Term was whether section 2 of chapter 610 of the Laws of 1952 (Abandoned Property Law, § 1301) was inapplicable in respect to pawnbrokers and pawnbrokerage business in the city of Buffalo. The Special Term, in denying defendant's motion for judgment on the pleadings in an action brought by plaintiff for a declaratory judgment, held that the statute was inapplicable...

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