Modell Pawnbrokers, Inc. v. Moss

The action is by a licensed pawnbroker (General Business Law, §§ 40-52) for judgment declaring valid a plan of refinancing pawn tickets issued by other pawnbrokers, asserted to be illegal by defendant, the Commissioner of Licenses of the City of New York. Under the proposed plan refinancing is to be accomplished by accompanying such pledgors to the place where the collateral is held, there redeeming same, and thereafter issuing plaintiff’s pawn ticket, as an original pledge, for the amount advanced plus an additional loan.

The statute (General Business Law, § 52, subd. 1) expressly excludes “…