Twin Fair Distributors Corp. v. Cosgrove

Plaintiffs, chain department store operators in Erie County, move for summary judgment on their second cause of action for a declaratory judgment wherein a determination is sought that the so-called "Sunday Blue Laws” (General Business Law, art 2) are unconstitutional. Plaintiffs have brought this declaratory action when the District Attorney of Erie County announced his intention to strictly enforce these laws.

The defendant Attorney-General cross-moves for summary judgment to declare these laws to be constitutional. The defendant District Attorney seeks a dismissal of plaintiffs’ complaint…