Legal Opinion

Hughes Tool Co. v. Fielding

New York Supreme Court

Decided April 3, 1947PublishedCited by 7 opinions

1Opinion of the CourtShientag, J.

Plaintiff moves for an order striking out four affirmative defenses. Defendants cross-move for judgment on the pleadings.

This is an action for a declaratory judgment and an injunction. The action seeks the determination of a question of law to the effect that an exhibitor of a motion picture licensed by the State of Hew York in accordance with the provisions of article 43 of the Education Law is not subject to prosecution under section 1140-a of the Penal Law, nor may a motion-picture theatre license be revoked because of the exhibition of such a licensed film.

Defendants’ motion for judgment…

2Cases cited3 opinions

  1. New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
  2. New York Post Corp. v. KelleyNew York Court of Appeals · 1947
  3. City of Lynchburg v. Dominion Theatres, Inc.Supreme Court of Virginia · 1940

3Cited by7 opinions

  1. MATTER OF JOSEPH BURSTYN, INC. v. WilsonNew York Court of Appeals · 1951
  2. Erie County Water Authority v. KramerAppellate Division of the Supreme Court of the State of New York · 1957
  3. Joseph Burstyn, Inc. v. McCaffreyNew York Supreme Court · 1951
  4. Caamano v. Port Authority of New York & New JerseyNew York Supreme Court · 2001
  5. In re Shannon B.New York Court of Appeals · 1987

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