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Hitchcock v. Foote

140 Misc. 401 (N.Y. Sup. Ct. 1930)
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Hitchcock v. Foote

1 Citing case

  1. Schacht v. City of N.Y

    30 Misc. 2d 77 (N.Y. Sup. Ct. 1961)   Cited 7 times

    Respondents' brief in the Appellate Division relied upon People ex rel. Kieley v. Lent ( supra) and similar authorities. In Hitchcock v. Foote ( 140 Misc. 401, 403) the court declared: "Apparently, in this State, a municipality, in the absence of express legislative authority, has no power to declare public dancing on Sunday unlawful." Not a single case in this State has been cited by the Corporation Counsel in which a municipal ordinance has been held valid, which forbade acts on Sunday which were not prohibited by the State Legislature.