Bunis v. Conway
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHalpern, J.
The plaintiff appeals from an order dismissing his complaint as insufficient, in an action for a declaratory judgment seeking an adjudication that the book “ Tropic of Cancer ” by Henry Miller is not “ obscene ” within the meaning of section 1141 of the Penal Law. The complaint alleged that the plaintiff conducted a bookstore in the City of Rochester and that he desired to sell the book but that the defendant, the District Attorney of Monroe County, had threatened to prosecute him for violation of section 1141 of the Penal Law if he sold it. The complaint alleged that the defendant “ has made…
2Cases cited12 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- De Veau v. BraistedSupreme Court of the United States · 1960
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
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3Cited by27 opinions
- Zeitlin v. ArneberghCalifornia Supreme Court · 1963
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- Calderon v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1978
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