Appellate Division of the Supreme Court of New York, 1935

Stockfeder v. Moss

Stockfeder v. Moss
Appellate Division of the Supreme Court of New York · Decided July 15, 1935
245 A.D. 835
Stockfeder v. Moss

Opinion of the Court

Appeal from an order directing Paul Moss, as commissioner of Heenses of the city of New York, forthwith to “ issue to the petitioner herein an amusement center Heense for the operation of a pin game known as ‘ The Sportsman ’ upon the premises 326 Marcy Avenue, Borough of Brooklyn,” and further directing the commissioner forthwith to “ issue to other persons situated similarly to the petitioner herein an amusement center Ecense or Ecenses for the operation of a pin game known as ‘ The Sportsman ’ upon premises in the City and State of New York within your jurisdiction." Peremptory mandamus order reversed on the law and not in the exercise of discretion, with costs, and appHeation denied, with ten doEars costs and disbursements, on authority of Matter of Shapiro v. Moss [ante, p. 835], decided herewith. Lazansky, P. J., Carswell, Scudder, Tompkins and Johnston, JJ., concur.

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