Summary
In Lang's Bakery v. City of Lockport (251 App. Div. 791) the court enjoined the enforcement of an ordinance which sought to impose a higher license fee upon outside peddlers than upon local peddlers.
Summary of this case from Sweeney v. CannonOpinion
May 19, 1937.
Present — Sears, P.J., Edgcomb, Crosby, Lewis and Cunningham, JJ.
Judgment affirmed, with costs. Memorandum: The opinion of the official referee indicates that his determination rested largely upon the unreasonable and excessive amount of the fee charged for licenses to peddlers. ( Dugan Bros., Inc., v. Zorn, 145 Misc. 611. ) While we do not reject that theory of the decision, we place as much, if not more, stress upon that feature of the ordinance which attempts to discriminate against outside tradesmen in favor of local merchants. (Gen. Municipal Law, § 85; People ex rel. Moskowitz v. Jenkins, 202 N.Y. 53; People v. Jarvis, 19 App. Div. 466.) All concur. (The judgment adjudges an ordinance of the city of Lockport to be unconstitutional and void in an injunction action.)