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GOLD v. DiCARLO

235 F.Supp. 817 (1964)

Joey GOLD and New York Ticket Brokers, Inc., in behalf of itself and its members, Plaintiffs, v. Joseph C. DiCARLO, as Commissioner of Licenses of the City of New York, and Louis J. Lefkowitz, as Attorney-General of the State of New York, Defendants.

United States District Court S. D. New York.

November 20, 1964.

Attorney(s) appearing for the Case

Jesse Moss, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, Lester Esterman, David Clurman, New York City, of counsel, for the Attorney General.

Leo A. Larkin, Corp. Counsel of City of New York, New York City, Rose Schneph and Sidney Bremer, of counsel, for Joseph C. DiCarlo.

Before KAUFMAN, Circuit Judge, and BRYAN and MacMAHON, District Judges.

KAUFMAN, Circuit Judge.

Plaintiffs squarely challenge the constitutionality of a New York statute regulating the price at which licensed brokers may re-sell tickets to theatres and other places of public amusement. General Business Law, Art. X-B, Section 169-c. In the face of recent widely-publicized investigations in this area and a long history of legislative concern, Joey Gold, a licensed ticket broker, and New York Ticket Brokers, Inc., a membership corporation...

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