Legal Opinion
Metallic Flowers, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1957PublishedCited by 4 opinions
1Opinion of the CourtFrank, J.
This is an appeal by the defendants from a judgment granted the plaintiff, after trial. The judgment restrains the defendants from interfering with the advertising, manufacture, distribution and sale of certain metal bracelets seized by the defendants, and directs the return of the bracelets and advertising matter used in connection therewith.
The issues involve the recurrent conflict between property rights and State police power in respect to public health.
In March, 1955, the defendant city, through its Department of Health, seized the above-mentioned property pursuant to section 135 of the…
2Cases cited37 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Powell v. AlabamaSupreme Court of the United States · 1932
- Boyd v. United StatesSupreme Court of the United States · 1886
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Palko v. ConnecticutSupreme Court of the United States · 1937
32 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Plant Board v. SmithSupreme Court of Florida · 1959
- Conner v. CarltonSupreme Court of Florida · 1969
- Stanley v. Property Clerk of Police Department of RamapoAppellate Division of the Supreme Court of the State of New York · 1978
- Connor v. Carlton, Circuit Court of the 19th Judicial Circuit of Florida, Martin County1968