Legal Opinion
People v. Waldbaums, Inc.
City of New York Municipal Court
Decided July 16, 1976Published
1Opinion of the CourtRobert W. Cacace, J.
The defendant herein, an operator of a large supermarket within the City of Yonkers, is charged with selling herring by the piece in violation of the Code of the City of Yonkers.
The defendant has moved for dismissal on various grounds. It alleges that the ordinance permits the sale of herring by the piece; that the code is ambiguous; that the ordinance is unenforceable as being vague and indefinite; and that the ordinance is being selectively enforced against it.
Nowhere in the moving papers is there any indication of discriminatory practices on the part of the city in enforcement. As it is…
2Cases cited12 opinions
- People v. Utica Daw's Drug Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Drummond v. Alfred E. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Drummond v. . Alfred E. Norton CompanyNew York Court of Appeals · 1914
- In re the Petition of CullinanAppellate Division of the Supreme Court of the State of New York · 1904
- Wickham v. LevineNew York Supreme Court · 1965
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