Acorn Employment Service, Inc. v. Moss
New York Court of Appeals
I. This suit for a declaratory judgment is proper and can be maintained. (Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198; Socony-Vacuum Oil Co., Inc., v. City of New York, 247 App. Div. 163, 272 N. Y. 668; Brown v. University of the State of New York, 242 App. Div. 85, 266 N. Y. 598; New York Operators v. State Liquor Authority, 285 N. Y. 272; James v. Alderton Bock Yards, 256 N. Y. 298; Town of Ohio v. People, 264 App. Div. 220.) II.
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I. This suit for a declaratory judgment is proper and can be maintained. (Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198; Socony-Vacuum Oil Co., Inc., v. City of New York, 247 App. Div. 163, 272 N. Y. 668; Brown v. University of the State of New York, 242 App. Div. 85, 266 N. Y. 598; New York Operators v. State Liquor Authority, 285 N. Y. 272; James v. Alderton Bock Yards, 256 N. Y. 298; Town of Ohio v. People, 264 App. Div. 220.) II. Declaratory judgment should have been granted, declaring that respondent has no power to issue rules and regulations for the conduct of the business…
1Opinion of the CourtLoughran, J.
The action is one for a judgment declaring the invalidity of certain pronouncements addressed by the Commissioner of Licenses of the City of New York to the employment agencies that are subject to his licensing jurisdiction. Plaintiffs (an aggregation of such agencies) also demand accessory injunctive relief.
Special Term dismissed the complaint, saying by its judgment that “ the Commissioner of Licenses, pursuant to Article 11 of the General Business Law and Section 885 of the New York City Charter, is empowered to promulgate and issue all necessary rules, regulations, orders and directions…
2Cases cited10 opinions
- Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
- Matter of Small v. MossNew York Court of Appeals · 1938
- Matter of Small v. MossNew York Court of Appeals · 1938
- Matter of Cherry v. Board of RegentsNew York Court of Appeals · 1942
- Matter of Lyons v. PrinceNew York Court of Appeals · 1939
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3Cited by22 opinions
- Quaker Oats Co. v. City of New YorkNew York Court of Appeals · 1946
- New York Post Corp. v. KelleyNew York Court of Appeals · 1947
- Kasper v. O'ConnellNew York Supreme Court · 1963
- S. Axelrod Co. v. Mel Dixon Studio, Inc.Civil Court of the City of New York · 1983
- Auer v. DysonNew York Supreme Court · 1981
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