HERKIMER CORP. v. VIL. OF HERKIMER


34 A.D.2d 371 (1970)

S. E. Nichols Herkimer Corporation, Appellant, v. Village of Herkimer et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 30, 1970.


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Evalyn Basloe of counsel), for appellant.

F. Arthur Fagan for respondents.

WITMER and BASTOW, JJ., concur with GOLDMAN, P. J.; MARSH, J., dissents in opinion in which MOULE, J., concurs.


GOLDMAN, P. J.

In this declaratory judgment action, plaintiff-appellant seeks to have an ordinance, which made it unlawful, with some few exceptions, to sell any article on Memorial Day and Independence Day, declared unconstitutional, illegal and invalid. Special Term denied appellant's summary judgment motion and granted summary judgment to respondent, holding the ordinance "to be constitutional, legal, valid...

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