Legal Opinion

Shapiro v. Moss

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1935PublishedCited by 6 opinions

1Opinion of the Court

Peremptory mandamus order requiring the commissioner of licenses of the city of New York to issue forthwith to the petitioner an amusement center license for the operation of a pin or mechanical bagatelle game, known as “ The Sportsman,” reversed on the law and not in the exercise of discretion, with costs, and application denied, with ten dollars costs and disbursements. We are of the opinion that the element of chance in the operation of the machine now before us far outweighs that of skill. “ The test of the character of the game is not whether it contains an element of chance or an…

2Cases cited2 opinions

  1. People Ex Rel. Ellison v. . LavinNew York Court of Appeals · 1904
  2. Matter of Agoglia v. MulrooneyNew York Court of Appeals · 1932

3Cited by6 opinions

  1. People v. One Pinball Machine Co.Appellate Court of Illinois · 1942
  2. City of Milwaukee v. BurnsWisconsin Supreme Court · 1937
  3. Steely v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Pepple v. HeadrickIdaho Supreme Court · 1942
  5. Times Amusement Corp. v. MossNew York Supreme Court · 1936

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