Wnek Vending & Amusements, Inc. v. City of Buffalo

OPINION OF THE COURT

Rudolph U. Johnson, J.

Plaintiff, Wnek Vending and Amusements, Inc., originally sought injunctive relief from this court, restraining the defendants, City of Buffalo et al., from enforcing the provisions of section 27 of chapter VII of the Buffalo City Ordinances which prevented the plaintiff from distributing and operating coin controlled "pinball machines” within the limits of the City of Buffalo.

By memorandum decision dated July 7, 1978, this court denied plaintiff’s request noting that a factual question existed over whether the addition of "flippers” to the device…