Legal Opinion
Sunshine Book Co. v. McCaffrey
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1957PublishedCited by 4 opinions
1Opinion of the CourtValente, J.
Appellant instituted suit against Edward T. McCaffrey, as Commissioner of Licenses of the City of Few York, and George P. Monaghan, as Police Commissioner, seeking a declaratory judgment and injunctive relief. While the complaint sought a declaration as to the invalidity and unconstitutionality of section 1141 of the Penal Law, and an injunction against the Police Commissioner restraining him from proceeding with prosecutions under that law, these issues are no longer pressed in view of the holding in Roth v. United States (354 U. S. 476) which sustained the constitutionality of the so-called…
2Cases cited8 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
- Hecht v. MonaghanNew York Court of Appeals · 1954
- United States v. Samuel RothCourt of Appeals for the Second Circuit · 1957
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3Cited by4 opinions
- SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985
- Rosemont Enterprises, Inc. v. McGraw-Hill Book Co.New York Supreme Court · 1975
- Bantam Books, Inc. v. SullivanSupreme Court of Rhode Island · 1961
- SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985