Legal Opinion

A. H. Woods Theatre Co. v. Gilchrist

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1922PublishedCited by 4 opinions

Appeal by the plaintiff, A. H. Woods Theatre Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1922, denying plaintiff’s motion for an injunction pendente lite restraining the commissioner of licenses of the city of New York from revoking the license of the Eltinge Theatre in the city of New York.

1Opinion of the Court

Smith, J.:

This appeal presents the question whether the commissioner of licenses has power to revoke a theatre license because of the production in that theatre of a play which in his judgment is an improper play for exhibition. The appellant here challenges that right as in excess of any power given to the commissioner of licenses by the city charter or ordinances. The court at Special Term sustained this right, and has granted an order refusing to enjoin the commissioner of licenses from the revocation of this theatre license. (117 Misc. Rep. 605.) From that order the plaintiff is here…

2Cases cited4 opinions

  1. Message Photo-Play Co. v. BellAppellate Division of the Supreme Court of the State of New York · 1917
  2. Falcone v. National Casket Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. A. H. Woods Theatre Co. v. GilchristNew York Supreme Court · 1922
  4. Message Photoplay Co. v. BellNew York Supreme Court · 1917

3Cited by4 opinions

  1. Rudhlan Amusement Corp. v. GeraghtyNew York Supreme Court · 1932
  2. Holly Holding Corp. v. MossAppellate Division of the Supreme Court of the State of New York · 1935
  3. A. H. Woods Theatre Co. v. GilchristAppellate Division of the Supreme Court of the State of New York · 1922
  4. Holly Holding Corp. v. MossAppellate Division of the Supreme Court of the State of New York · 1935

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