Summary
In International Mutoscope Reel Co. v. Valentine (271 N.Y. 622) the owners of machines known as "crane," "claw" and "digger" type brought action against the police commissioner to have it determined that such machines were not violative of sections 977, 982 and 1376 of the Penal Law, and were not susceptible of being used for gambling, lottery, or any purpose in violation of the Penal Law. This court hel that "the case is not one for a declaratory judgment."
Summary of this case from Reed v. LittletonOpinion
Argued May 18, 1936
Decided June 2, 1936
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur J.W. Hilly, Robert H. Sterling and Joseph Sterling for appellants.
Paul Windels, Corporation Counsel ( Paxton Blair, Alvin McKinley Sylvester and Charles C. Weinstein of counsel), for respondent.
Judgment affirmed, with costs, upon the ground that the case is not one for a declaratory judgment. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.; LEHMAN, J., taking no part.