People v. Riverhead Auto Hospital, Inc.

Appellate Terms of the Supreme Court of New York

People v. Riverhead Auto Hospital, Inc.

66 Misc. 2d 506, 321 N.Y.S.2d 226, 1970 N.Y. Misc. LEXIS 1145

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 19, 1970

StatusPublished

This text of 66 Misc. 2d 506 (People v. Riverhead Auto Hospital, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Riverhead Auto Hospital, Inc., 66 Misc. 2d 506, 321 N.Y.S.2d 226, 1970 N.Y. Misc. LEXIS 1145 (N.Y. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

The proof was insufficient to establish that defendant was engaged in the business of dealing in junk. Insofar as the ordinance attempts to classify all automobiles in need of more than minor repairs as junk, and the repairman a junk dealer, ipso facto, it is invalid. (Town of Starkey v. Hill, 57 Misc 2d 719.)

Furthermore, a Court of Special Sessions has no authority to issue a mandatory injunction to cease and desist the conduct of a business.

The judgment of conviction should be unanimously reversed on the law and facts, complaint dismissed and fine remitted.

Concur — Hogan, P. J., G-tjlotta and Gliokman, JJ.

Judgment reversed, etc.

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