People v. Federal Builders & Home Modernization Corp.

In our opinion, defendant’s operation of its showroom on Sunday comes within the condemnation of section 5 of the General Business Law. This statute prohibits all labor on Sunday, excepting the works of necessity and charity, whether or not such labor may “ disturb Sunday’s rest or repose or religious liberty ” (People v. Kupprat, 6 N Y 2d 88, 90, citing, e. g., People v. East Coast Attic & Basement Co., 4 N Y 2d 954, affg. 10 Misc 2d 378, and other authorities).

The defense of collateral estoppel appears to be without merit. Significantly, defendant’s counsel conceded at the trial that its…