BROWN v. KINGSLEY BOOKS


1 N.Y.2d 177 (1956)

Peter Campbell Brown, Corporation Counsel of the City of New York, Respondent, v. Kingsley Books, Inc., et al., Appellants, and Metropolitan Book Shop, Inc., et al., Defendants.

Court of Appeals of the State of New York.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Emanuel Redfield for Kingsley Books, Inc., and another, appellants.

Peter Campbell Brown, Corporation Counsel (Seymour B. Quel and Fred Iscol of counsel), respondent in person.

DYE and VAN VOORHIS, JJ., concur in opinion of FULD, J.; CONWAY, Ch. J., and FROESSEL, J., concur in opinion of DESMOND, J.; BURKE, J., taking no part.


FULD, J.

Although we are all agreed for affirmance, we reach that conclusion by somewhat different routes. The importance and perplexities of the constitutional issue presented persuade me that there must be more full discussion than some of my associates believe necessary of the reasons for and the reach of the decision being made.

Enacted in 1941 (L. 1941, ch. 925) and amended in 1954 (L. 1954, ch. 702...

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