Wharram v. City of Utica

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter should be remitted with direction to enter judgment declaring section 17-26.1 of the Ordinances of the City of Utica invalid because in violation of section 80 of the General Municipal Law.

The city argues that its ordinance does not violate the section but has not contested its applicability to the facts of this case. The section voids “any restriction” by municipal ordinance or regulation of the carrying on of business by nonresidents, which restriction “shall not be necessary…