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Legal Opinion

People ex rel. Arcara v. Cloud Books, Inc.

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

Decided April 12, 1984PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Moule, J.

The question presented on this appeal is whether title II. of article 23 of the Public Health Law may be applicable to enjoin a nuisance occurring on a premises used as a bookstore.

Defendant Cloud Books, Inc., operates a bookstore, the Village Books and News, located on Delaware Avenue in the Village of Kenmore.1 It sells books, magazines and novelties of a sexually frank nature and maintains coin-operated movie machines which show explicit sexual material. An investigation concerning activities occurring on the premises was undertaken by the Erie County District…

2Cases cited17 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  5. Freedman v. MarylandSupreme Court of the United States · 1965

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. Sequoia Books, Inc.Appellate Court of Illinois · 1986
  2. City of Paducah v. Investment Entertainment, Inc.Court of Appeals for the Sixth Circuit · 1986
  3. City of Paducah v. Investment Entertainment, Inc., Investment Entertainment, Inc., (No. 85-5092), Beltline News and Arcade Club, (No. 85-9093) v. City of PaducahCourt of Appeals for the Sixth Circuit · 1986
  4. Delano Village Companies v. OrridgeNew York Supreme Court · 1990
  5. People ex rel. Arcara v. Cloud Books, Inc.New York Court of Appeals · 1985

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