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MTR. OF SIMON, INC. v. MYERSON

44 A.D.2d 245 (1974)

In the Matter of Albert Simon, Inc., et al., Appellants, v. Bess Myerson, as Commissioner of Consumer Affairs of The City of New York, Respondent

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

April 16, 1974.

Attorney(s) appearing for the Case

Isadore B. Hurwitz and Peter Campbell Brown for appellants.

Nina G. Goldstein of counsel (L. Kevin Sheridan with her on the brief; Adrian P. Burke, Corporation Counsel), for respondent.

NUNEZ, J. P., KUPFERMAN and MURPHY, JJ., concur with STEUER, J.; TILZER, J., dissents and would affirm on opinion of SPIEGEL, J., at Special Term.

STEUER, J.

The petitioners, manufacturers of what are called "common show games", devices in the nature of pinball machines, submitted samples of four such machines to respondent Commissioner of Consumer Affairs for her approval. Approval was accorded to the machines, manufacture was begun, and machines were sold and installed in various premises about the city. Somewhat over a year later, respondent, upon advice...

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