1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 101 A.D.2d
  5. 101 A.D.2d 163 (1984)
 

ARCARA v. CLOUD BOOKS

101 A.D.2d 163 (1984)

The People of the State of New York ex rel. Richard J. Arcara, as District Attorney of Erie County, Respondent, v. Cloud Books, Inc., Doing Business as Village Book and News Store, Appellant, et al., Defendants

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

April 12, 1984

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul Cambria and Mary Good of counsel), for appellant.

Richard J. Arcara, District Attorney (John DeFranks and Louis A. Haremski of counsel), for respondent.

DILLON, P. J., CALLAHAN and DOERR, JJ., concur with MOULE, J.; GREEN, J., concurs in a separate opinion.

MOULE, J.

The question presented on this appeal is whether title II of article 23 of the Public Health Law may be applicable to enjoin a nuisance occurring on a premises used as a bookstore.

Defendant Cloud Books, Inc., operates a bookstore, the Village Books and News, located on Delaware Avenue in the Village of Kenmore.1 It sells books, magazines and novelties of a sexually...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases