Legal Opinion

People v. Milio

Yonkers City Court

Decided January 25, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Gilbert Rabin, J.

Defendant, by this motion, seeks to have sections 38.30 and 38-44 of the Yonkers City Code declared unconstitutional and the information dismissed as violative of a citizen’s rights on the following grounds: 1. That the statute interferes with the rights of contract in relation to his business beyond reasonable police power; 2. That the statute requires the landlord to become a guarantor for a proper and adequate heating system and its collateral parts and is unreasonable; and 3. That the statute, though labeled a violation, is in effect, by sentence, a…

2Cases cited29 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Nebbia v. New YorkSupreme Court of the United States · 1934
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  5. Baldwin v. New YorkSupreme Court of the United States · 1970

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3Cited by2 opinions

  1. People v. Jack Resnick & Sons, Inc.Yonkers City Court · 1985
  2. People v. TrolioJustice Court of Scarsdale · 1996

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