Appellate Division of the Supreme Court of New York, 1947

Friedman v. Political Action Committee for Palestine, Inc.

Friedman v. Political Action Committee for Palestine, Inc.
Appellate Division of the Supreme Court of New York · Decided November 14, 1947
272 A.D.2d 1042
Friedman v. Political Action Committee for Palestine, Inc.

Opinion of the Court

Per Curiam.

Whether the provisions of sections 167 and 168 of the General Business Law requiring a license by those engaged in the business of reselling theatre tickets apply to the plaintiffs can best be determined upon a trial of the action, at which the plaintiffs’ activities generally and under the contract involved in this case may be fully developed.

The order appealed from should be reversed, with $20 costs and disbursements to the appellants, defendant’s cross motion for judgment on the pleadings denied and plaintiffs’ motion to examine defendant before trial granted as to item 5 only of plaintiff’s notice of motion.

Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the appellants, defendant’s cross motion for judgment on the pleadings denied and plaintiffs’ motion to examine defendant before trial granted as to item 5 only of plaintiffs’ notice of motion. Settle order on notice.

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