S. E. Nichols Herkimer Corp. v. Village of Herkimer

In this declaratory judgment-action, plaintiff-appellant seeks to have an ordinance, which made it unlawful, with some few exceptions, to sell any article on Memorial Day and Independence Day, declared unconstitutional, illegal and invalid. Special Term denied appellant’s summary judgment motion and granted summary judgment to respondent, holding the ordinance “ to be constitutional, legal, valid and effective ”. The ordinance prohibited commercial and business activities and provided that it was ‘ ‘ unlawful ’ ’ to sell or offer any article for sale during the hours of 9:00 a.m. to 6:00…