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SCHULMAN v. PEOPLE

10 N.Y.2d 249 (1961)

David Schulman et al., Appellants, v. The People of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Donald W. Kramer for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for respondent.

Judges FULD and FOSTER concur with Judge VAN VOORHIS; Judge FROESSEL concurs in a separate opinion; Chief Judge DESMOND and Judges DYE and BURKE dissent and vote to affirm for the reasons stated in the opinion of Presiding Justice BERGAN in the Appellate Division.

VAN VOORHIS, J.

This case is in a sense the converse of New York State Thruway Auth. v. Ashley Motor Court (10 N.Y.2d 151) upholding the constitutionality of section 361-a of the Public Authorities Law, enacted in 1952, prohibiting the erection of any billboard or other advertising device located within 500 feet of the nearest edge of the Thruway pavement without a written...

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