VORNADO, INC. v. HYLAND


77 N.J. 347 (1978)

390 A.2d 606

VORNADO, INC., A CORPORATION OF THE STATE OF DELAWARE, T/A TWO GUYS, ET AL., PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. WILLIAM F. HYLAND, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND CITY OF HACKENSACK, TOWN OF KEARNY AND MENSWEAR RETAILERS OF NEW JERSEY, INC., DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS, AND BOROUGH OF LODI, CITY OF GARFIELD, TOWNSHIP OF NORTH BERGEN AND CITY OF VINELAND, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 18, 1978.


Attorney(s) appearing for the Case

Mr. Edward G. Rosenblum argued the cause for appellant Menswear Retailers of New Jersey, Inc. (Messrs. Rosenblum and Rosenblum, attorneys).

Mr. Norman A. Doyle, Jr. argued the cause for appellant Town of Kearny.

Mr. Seymour Chase argued the cause for appellant City of Hackensack.

Mr. Frank J. Cuccio and Mr. Jack Dashosh argued the cause for respondent-cross-appellant (Messrs. Jones, Cuccio and Klinger and Jack Dashosh, attorneys; Gary S. Redish on the brief).

Mrs. Erminie L. Conley, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mrs. Conley, on the brief).

Mr. Robert A. Vort submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.

Messrs. Robinson, Wayne and Greenberg submitted a brief on behalf of amicus curiae Hahne and Company (Mr. Robert A. Wayne, of counsel; Mr. Edward F. Lamb, on the brief).

Messrs. Ravin, Davis and Sweet submitted a brief on behalf of amicus curiae Small Retailers for Sunday Opening (Mr. Alan E. Davis and Mr. Gerard C. Sims, Jr., of counsel and on the brief).

Messrs. Clapp and Eisenberg submitted a brief on behalf of amicus curiae B. Altman and Company, et al (Mr. Stuart L. Pachman, on the brief).

Messrs. Kimmelman, Wolff and Samson submitted a brief on behalf of amicus curiae The New Jersey Committee for Full Sunday Shopping (Mr. Irwin I. Kimmelman, of counsel; Mr. Armen Shahinian, on the brief).

Messrs. Lum, Biunno and Tompkins submitted a brief on behalf of amicus curiae R.H. Macy and Company, Inc., et al.


The opinion of the court was delivered by CONFORD, P.J.A.D. (temporarily assigned).

Pending appeal in the Superior Court, Appellate Division, this Court granted direct certification to review a holding by the Superior Court, Law Division, 148 N.J.Super. 343, that the classification of merchandise forbidden to be sold on Sunday under and pursuant to the Sunday Closing Law, N.J.S.A. 2A:171-5.8 et seq. (L.

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