118 N.Y.S. 753 | N.Y. Sup. Ct. | 1909
The plaintiff, a corporation engaged in operating a so-called “ moving picture ” business at Ro. 1503 Third avenue, in the borough of Manhattan, ¡New York city, has brought an action to obtain an injunction, as prayed for in the complaint, to restrain the defendants and their subordinates “ from interfering with the business of the plaintiff carried on on Sundays,” at the place above named. The moving affidavits set forth a license obtained from the mayor of the city, and bearing date the 25th day of January, 1909, authorizing the conduct of such moving picture business at the place named, but containing the following sentence: “ On consideration of receiving this license, the undersigned licensee hereby stipulates and agrees that he will not open or operate his moving picture show on Sundays.” It is further set forth in the moving affidavit that the defendants have threatened to arrest the officers and employees of the plaintiff if the “ said place of business is opened on Sunday, under the stipulation contained in the license herein set out,” further stating that the stipulation was given on the issuing of the license because the licensee feared that its place of business would be closed if no license were issued, and that no license would be issued unless such stipulation was signed. It is also claimed that the stipulation is arbitrary and unreasonable and discriminative, and should not be enforced.
Motion denied, with ten dollars costs.