Greenwald v. Noyes

The facts pleaded do not warrant the exercise of the equitable powers of the court in the direction of restraint upon public officials in the performance of duties imposed upon them by statute. (Davis v. American Society for Prevention of Cruelty to Animals, 75 N. Y. 362; Delaney v. Flood, 183 id. 323.) The statute which defendants undertake to enforce cannot be treated generally as an invalid statute, the enforcement of which affects adversely substantial property rights, since its consonance with constitutional immunities has been determined. (People v. Atlas, 183 App. Div. 595; affd., 230…