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PEO. v. FED. BLDRS. & HOME MOD. CORP.

65 Misc.2d 407 (1971)

The People of the State of New York, Respondent v. Federal Builders and Home Modernization Corp., Appellant.

Supreme Court, Appellate Term, Second Department.

January 15, 1971

Attorney(s) appearing for the Case

Jay Frankston for appellant. William Cahn, District Attorney (Joseph A. De Maro of counsel), for respondent.

HOGAN, P. J., and GULOTTA, J., concur in Per Curiam opinion; GLICKMAN, J., dissents in memorandum.

Per Curiam.

In our opinion, defendant's operation of its showroom on Sunday comes within the condemnation of section 5 of the General Business Law. This statute prohibits all labor on Sunday, excepting the works of necessity and charity, whether or not such labor may "disturb Sunday's rest or repose or religious liberty" (People v. Kupprat, 6 N.Y.2d 88, 90, citing, e.g.,...

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