New York Court of Appeals

Gustave C. Darweger, Respondent v. Charles B. Staats, Appellants

April 26, 1935267 N.Y. 290

Summary

The Court held that the New York State Recovery Act is an unconstitutional delegation of legislative power and that the plaintiff's complaint states sufficient facts to support a cause of action, thereby affirming the Appellate Division's orders, including the injunction, and answering the certified question affirmatively. Justice Lehman dissented, arguing that the statute was a valid exercise of legislative authority.