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BOOKCASE, INC. v. BRODERICK

49 Misc.2d 355 (1966)

The Bookcase, Inc., et al., Plaintiffs, v. Vincent L. Broderick, as Commissioner of Police of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

February 1, 1966

Attorney(s) appearing for the Case

Emanuel Redfield and Benjamin S. Winston for plaintiffs. Leo A. Larkin, Corporation Counsel (Benjamin Offner of counsel), for Vincent L. Broderick, defendant. Frank S. Hogan, District Attorney, pro se.

GEORGE TILZER, J.

Plaintiffs, a retail bookseller in New York City and its president, seek summary judgment in this action for a declaratory judgment, the purpose of which is to have adjudged invalid and unconstitutional sections 484-h and 484-i of the Penal Law, added by chapters 327 and 372 of the Laws of 1965. Defendants Broderick and Hogan cross-move for summary judgment dismissing the action.

In a prior proceeding herein (Bookcase, Inc...

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