Legal Opinion
Cook v. Up-To-Date Silk Yarn Dyeing Co.
New York Supreme Court
Decided March 22, 1935PublishedCited by 2 opinions
1Opinion of the CourtMcLaughlin, J.
This is a motion to dismiss a complaint in which the Code Authority of the Textile Processing Industry sues for its fees which have been established by the code.
The State Recovery Act (Laws of 1933, chap. 781) is constitutional. The Appellate Division, First Department, has so decided, and that is the law applicable to this case. (Matter of Sabatini v. Andrews, 243 App. Div. 109.)
In this case the complaint is drawn so as to set forth not only facts showing that it is brought under the statute but also such facts as to set forth the provisions of the code. It alleges that these were complied…
2Cases cited5 opinions
- Nicchia v. New YorkSupreme Court of the United States · 1920
- Gautier v. . DitmarNew York Court of Appeals · 1912
- Matter of the Brooklyn Children's Aid v. PrendergastNew York Court of Appeals · 1915
- Board of Education v. GravesAppellate Division of the Supreme Court of the State of New York · 1925
- Sabatini v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by2 opinions
- School District of Seward Education Ass'n v. School DistrictNebraska Supreme Court · 1972
- School District of Seward Education Ass'n v. School DistrictNebraska Supreme Court · 1972