Haroche v. Leary

In this case, which petitioner characterized as a proceeding pursuant to article 78 of the CPLR but which was properly treated by the Special Term as a plenary suit for a declaratory judgment and an injunction, (1) respondents appeal from so much of a judgment of the Supreme Court, Kings County, dated September 2, 1970 and made after a non jury trial, as declared that the business transacted by petitioner’s corporations on the Sabbath constituted a work of necessity within the statutory exceptions (General Business Law, § 5); and (2) petitioner cross-appeals from the remainder of the…