Legal Opinion

Smith v. Morgan

New York Supreme Court

Decided April 9, 1938PublishedCited by 2 opinions

1Opinion of the Court

McLaughlin (Charles B.), J.

This is an application by various push cart peddlers who have heretofore been licensed to do business in the Ninth Avenue Market, popularly known as “ Paddy’s Market,” for an order directing the commissioner of markets of the city of New York to issue to them new licenses for the year 1938 in renewal of licenses heretofore held.

In December, 1937, the action of the commissioner of markets in revoking all permits for the Ninth Avenue Market was upheld at Special Term, but the Appellate Division reversed (Matter of Smith v. Morgan, 253 App. Div. 239), on the ground…

2Cases cited4 opinions

  1. Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Cherubino v. MeenanNew York Court of Appeals · 1930
  3. Smith v. MorganAppellate Division of the Supreme Court of the State of New York · 1938
  4. In re PeckAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by2 opinions

  1. Bendetto v. KernNew York Supreme Court · 1938
  2. Mitrus v. NicholsNew York Supreme Court · 1939

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