Lee v. O'Malley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,-Edward R. O’Malley and others, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 24th day of October, 1910, enjoining and restraining the defendants until further order of the court from enforcing the terms, penalties and provisions of article 3a of the General Business Law (Consol.
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Appeal by the defendants,-Edward R. O’Malley and others, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 24th day of October, 1910, enjoining and restraining the defendants until further order of the court from enforcing the terms, penalties and provisions of article 3a of the General Business Law (Consol. Laws, chap. 20; Laws of 1909, chap. 25), added by chapter 348 of the Laws of 1910.
1Opinion of the Court
Clarke, J.:
Appeal from an order of the Special Term in an action brought against the Attorney-General, the district attorney, the assistant acting as district attorney and the Comptroller of the State for a permanent injunction. The order states: “ It appearing to me that said article 3-a of chapter 348 of the Laws of the State of Mew York of 1910 is unconstitutional, it is * * * ordered, that * * * the defendants * * * and each of them, their agents and servants, and all persons acting under their order or within their authority or control, be and they hereby are, until the further order of…
2Cases cited10 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- In Re SawyerSupreme Court of the United States · 1888
- Fitts v. McGheeSupreme Court of the United States · 1899
- Harkrader v. WadleySupreme Court of the United States · 1898
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3Cited by9 opinions
- Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
- Buffalo Gravel Corp. v. MooreAppellate Division of the Supreme Court of the State of New York · 1922
- Alexander v. EnrightAppellate Division of the Supreme Court of the State of New York · 1924
- People v. D'EspositoNew York City Magistrates' Court · 1944
- Erie Railroad v. Village of Elmira HeightsNew York Supreme Court · 1925
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