People v. Gimbel Bros.
New York Court of Special Session
1Opinion of the CourtSilver, J.
The defendant, a department store in the city of New York, has been charged with a violation of section 2147 of the Penal Law entitled “ Public Traffic on Sunday.” This section prohibits “ public selling or offering for sale of any property on Sunday ”.
The case is evidently one of first impression since there are apparently no reported decisions on the issues here raised.
The defendant advertises in the Sunday metropolitan newspapers that customers may telephone the store between the hours of 1:00 p.m. and 5:00 p.m. on Sunday to order advertised merchandise. It maintains a telephone…
2Cases cited2 opinions
- Schenectady Stove Co. v. . HolbrookNew York Court of Appeals · 1885
- Lovett v. Frederick Loeser & Co.City of New York Municipal Court · 1924
3Cited by9 opinions
- Geismar v. Abraham & StrausSuffolk County District Court · 1981
- Leonard v. Pepsico, Inc.District Court, S.D. New York · 1999
- Osage Homestead, Inc. v. SutphinMissouri Court of Appeals · 1983
- O'KEEFE v. Lee Calan Imports, Inc.Appellate Court of Illinois · 1970
- Village of River Forest v. VignolaAppellate Court of Illinois · 1961
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