Lang's Bakery, Inc. v. City of Lockport

Appellate Division of the Supreme Court of New York

Lang's Bakery, Inc. v. City of Lockport

251 A.D. 791, 298 N.Y.S. 167, 1937 N.Y. App. Div. LEXIS 7546

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1937

StatusPublished

Cited by5 cases

This text of 251 A.D. 791 (Lang's Bakery, Inc. v. City of Lockport) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lang's Bakery, Inc. v. City of Lockport, 251 A.D. 791, 298 N.Y.S. 167, 1937 N.Y. App. Div. LEXIS 7546 (N.Y. Ct. App. 1937).

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Opinion

Judgment affirmed, with costs. Memorandum: The opinion of the official referee indicates that his determination rested largely upon the unreasonable and excessive amount of the fee charged for licenses to peddlers. (Dugan Bros., Inc., v. Zorn, 145 Misc. 611.) While we do not reject that theory of the decision, we place as much, if not more, stress upon that feature of the ordinance which attempts to discriminate against outside tradesmen in favor of local merchants. (Gen. Municipal Law, § 85; People ex rel. Moskowitz v. Jenkins, 202 N. Y. 53; People v. Jarvis, 19 App. Div. 466.) All concur. (The judgment adjudges an ordinance of the city of Lockport to be unconstitutional and void in an injunction action.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Judgment affirmed, with costs. Memorandum: The opinion of the official referee indicates that his determination rested largely upon the unreasonable and excessive amount of the fee charged for licenses to peddlers. (Dugan Bros., Inc., v. Zorn, 145 Misc. 611.) While we do not reject that theory of the decision, we place as much, if not more, stress upon that feature of the ordinance which attempts to discriminate against outside tradesmen in favor of local merchants. (Gen. Municipal Law, § 85; People ex rel. Moskowitz v. Jenkins, 202 N. Y. 53; People v. Jarvis, 19 App. Div. 466.) All concur. (The judgment adjudges an ordinance of the city of Lockport to be unconstitutional and void in an injunction action.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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251 A.D. 791, 298 N.Y.S. 167, 1937 N.Y. App. Div. LEXIS 7546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langs-bakery-inc-v-city-of-lockport-nyappdiv-1937.

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