EISENBERG v. KENNEDY


8 Misc.2d 980 (1957)

Murray Eisenberg et al., on Their Own Behalf and on Behalf of All Others Similarly Situated, Plaintiffs, v. Stephen P. Kennedy, as Police Commissioner of the City of New York, Defendant.

Supreme Court, Special Term, Kings County.

March 26, 1957.


Attorney(s) appearing for the Case

Walker, Lederman, Berman & Silver for plaintiffs.

Peter Campbell Brown, Corporation Counsel, for defendant.


JOHN E. CONE, J.

Plaintiffs move for an injunction pendente lite restraining the police commissioner of the City of New York from issuing summonses for alleged violations of the "Sabbath Laws." The defendant cross-moves to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

The complaint in substance alleges that the plaintiffs operate concessions...

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