Legal Opinion

Guyle v. City of Auburn

New York Supreme Court

Decided March 13, 1958PublishedCited by 1 opinion

1Opinion of the CourtArthur E. Blauvelt, J.

Plaintiff brings this action against defendant seeking a judgment declaring an order or resolution of the Board of Health of the City of Auburn, New York, void and asking that an injunction issue restraining, any prosecution . of the plaintiff thereunder.

Prior to the trial of this action, plaintiff’s motion for an injunction pendente lite was denied at Special Term (James C. O’Brien, J., memorandum of decision dated Nov. 5,1957).

There is very little material factual dispute in this suit brought to test the validity of the order or resolution in question. From the pleadings, the affidavit…

2Cases cited8 opinions

People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
City of Newburgh v. Park Filling Station, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
City of Newburgh v. Park Filling Station, Inc.New York Court of Appeals · 1948

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3Cited by1 opinion

Kim v. Town of OrangetownNew York Supreme Court · 1971