Zuckerman v. Moss

New York Supreme Court

Zuckerman v. Moss

184 Misc. 232, 56 N.Y.S.2d 90, 1945 N.Y. Misc. LEXIS 1970

DecidedMarch 1, 1945

StatusPublished

This text of 184 Misc. 232 (Zuckerman v. Moss) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zuckerman v. Moss, 184 Misc. 232, 56 N.Y.S.2d 90, 1945 N.Y. Misc. LEXIS 1970 (N.Y. Super. Ct. 1945).

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Opinion

Levy, J.

Petitioner’s license authorized him to. maintain a junk shop at 327 East 102nd Street, New York City. Petitioner admitted at the hearing held by the Commissioner of Licenses that he used the premises at 327 East 102nd Street only as a storeroom. Testimony was offered that he operated his business from his home at 1711 Davidson Avenue, Borough of Bronx. Indeed the petition itself states that “ your petitioner maintains his office for the transaction of his business, except storing of stock in trade, at 1711 Davidson Ave.” Petitioner thus was guilty of a violation of subdivision a of section B32-120.0 of the Administrative Code of the City of New York (L. 1937, ch. 929) which provides that: “ It shall be unlawful for any junk dealer to carry on his business at any place other than at the address designated in his license ”. In addition there was evidence which authorized a finding by the Commissioner that petitioner had operated a junk cart without the cart license required by subdivision b of section B32-114.0 of the Administra[233]*233tive Code (see, also, Administrative Code, § B32-117.0). In these circumstances the suspension of petitioner’s license may not be held to have been arbitrary and without reasonable basis. Motion denied.

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Levy, J.

Petitioner’s license authorized him to. maintain a junk shop at 327 East 102nd Street, New York City. Petitioner admitted at the hearing held by the Commissioner of Licenses that he used the premises at 327 East 102nd Street only as a storeroom. Testimony was offered that he operated his business from his home at 1711 Davidson Avenue, Borough of Bronx. Indeed the petition itself states that “ your petitioner maintains his office for the transaction of his business, except storing of stock in trade, at 1711 Davidson Ave.” Petitioner thus was guilty of a violation of subdivision a of section B32-120.0 of the Administrative Code of the City of New York (L. 1937, ch. 929) which provides that: “ It shall be unlawful for any junk dealer to carry on his business at any place other than at the address designated in his license ”. In addition there was evidence which authorized a finding by the Commissioner that petitioner had operated a junk cart without the cart license required by subdivision b of section B32-114.0 of the Administra[233]*233tive Code (see, also, Administrative Code, § B32-117.0). In these circumstances the suspension of petitioner’s license may not be held to have been arbitrary and without reasonable basis. Motion denied.

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Bluebook (online)

184 Misc. 232, 56 N.Y.S.2d 90, 1945 N.Y. Misc. LEXIS 1970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zuckerman-v-moss-nysupct-1945.