Marcus v. Joseph

Cohn and Van Vooehis, JJ.

(dissenting). If the legislative intent as expressed in a statute is clear and unambiguous, the title is not to be considered in its interpretation (People v. Molyneux, 40 N. Y. 113; People v. Willett, 164 App. Div. 1, affd. 213 N. Y. 368). The substance of a plain statute can neither be extended nor restricted by the language of the title (Matter of New York and Brooklyn Bridge, 72 N. Y. 527; McKinney’s Cons. Laws of N. Y., Book 1, Statutes [1942 ed.], §§ 123, 124). The same is true of the legislative history of a statute, which will not be allowed to control the…