HERKIMER CORP. v. VIL. OF HERKIMER


62 Misc.2d 413 (1970)

S. E. Nichols Herkimer Corporation, Plaintiff, v. Village of Herkimer et al., Defendants.

Supreme Court, Oneida County.

February 20, 1970


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher for plaintiff. F. Arthur Fagan for defendants.


RICHARD J. CARDAMONE, J.

The plaintiff has brought an action for a declaratory judgment declaring an ordinance of the Village of Herkimer, which was passed on September 9, 1968, regulating commercial and business activities on Memorial and Independence Days, unconstitutional and has moved for summary judgment in the action.

The ordinance provides (pursuant to provision of section 86 of the General Municipal...

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