WNEK VENDING v. BUFFALO


107 Misc.2d 353 (1980)

Wnek Vending & Amusements Co., Inc., et al., Petitioners, v. City of Buffalo et al., Respondents.

Supreme Court, Erie County.

December 19, 1980


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria of counsel) and Shaw & Shaw (James Shaw of counsel), for petitioners. Joseph P. McNamara, Corporation Counsel (Margaret R. Anderson of counsel), for respondents.


SAMUEL L. GREEN, J.

This is a CPLR article 78 proceeding. Petitioners question the application and constitutionality of a 1952 City of Buffalo Ordinance (ch 7, § 27) which regulates the licensing of coin-operated amusement devices. They seek declaratory and injunctive relief. Petitioners contend that the ordinance is substantively vague, procedurally deficient, unevenly applied and beyond the legitimate exercise of the police power of the Buffalo...

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