People v. Sav-4-On Gallon

Decision Date19 October 1953
Citation204 Misc. 708
PartiesThe People of the State of New York, Plaintiff,<BR>v.<BR>Sav-4-On Gallon, Inc., et al., Defendants.
CourtNew York District Court

Denis M. Hurley, Corporation Counsel (James F. Hurley of counsel), for plaintiff.

Joseph Radest for defendants.

J. IRWIN SHAPIRO, M.

The complaint in this case charges the defendant corporation and the individual defendant, an officer thereof, with violating the provisions of section B36-103.0 and section B36-104.0 of the Administrative Code of the City of New York in a complaint reading as follows: "Said corporation is the owner, and said individual officer the operator, of a gasoline retail station at the above address whereat they have erected, posted, maintain and display three signs and/or placards which refer and relate directly and indirectly to the price of gasoline disposed at said station of the following sizes, —

1) 20 feet x 2 feet 2) 10 feet x 4 feet 3) 10 feet x 4 feet.

"Section B36-103 prohibits signs larger than twelve inches in width.
"Further, that the defendants sell or offer for sale gasoline at retail in a manner to deceive or tend to deceive a purchaser as to the price thereof in violation of Section B36-104, by means of the erection of such signs and the adoption of such corporate name."

The People's sole witness was an inspector from the department of weights and measures, who testified that on July 23, 1953, he drove into the gasoline service station of the defendant corporation, located in the county of Queens, made a purchase of five gallons of gasoline, received a discount of four cents on each gallon, and paid and received a receipt therefor; that he thereafter made himself known as an inspector, checked the pumps and measures and found everything in order.

The witness further testified that over the office and service station portion of said premises there was a sign posted, which read "SAV-4-on Gallon" and that two large signs bearing the same inscription were attached to the sides of a truck standing in a lot immediately adjacent to the gasoline station. The inspector stated that the words "owned and operated by" appeared on each of said three signs in front of, or above, the words "SAV-4-on Gallon" and that after, or underneath the word "Gallon" on each sign, the word "Inc." appeared.

An inspection of one of the photographs of the signs in question, which were received in evidence, shows a long, narrow sign erected upon the roof of the premises, on which the words "SAV-4-On Gallon" appear in large letters, and on which the other words appear in much smaller dimensions. The other two photographs of the signs on each side of the truck show the words "SAV-4-On Gallon" standing out very prominently in contrast with the much smaller letters, "owned and operated by" and the almost indecipherable small letters of the word "Inc."

The record makes it clear that the defendant SAV-4-On Gallon, Inc., is a domestic corporation, a certificate of incorporation for which, under that name, was issued by the Department of State of the State of New York on April 27, 1953, and that since that time the corporate defendant has been engaged in business at the address in question under its corporate name. It was further testified that the motor vehicle in question, bearing the signs on both sides, was owned by the corporate defendant.

At the end of the whole case, it was clear that the defendants did not sell, or offer for sale, gasoline at retail in a manner to deceive, or tend to deceive, a purchaser as to the price thereof, by means of the erection of the signs above mentioned, or by the adoption of its corporate name, for it was conclusively established that the corporate defendant did in fact allow each purchaser a discount of four cents a gallon on gasoline.

Under the circumstances, the court, at the end of the whole case, dismissed that portion of the complaint alleging the erection of a sign, or the adoption of a corporate name, with intent to deceive, as specified in section B36-104.0 of the Administrative Code of the City of New York.

That brings us directly to the question as to whether the three signs in question violate section B36-103.0 of the Administrative Code which, after providing for the erection of certain signs on the gasoline dispensing instruments themselves, reads as follows: "no sign or placard stating or referring directly or indirectly to the price or prices of gasoline other than such signs or placards as hereinabove provided shall be posted or maintained on, at, near or about the premises on which said gasoline is sold or offered for sale." (Italics supplied.)

In People v. Pearl (173 Misc. 467 [1940]) the Appellate Part of the Court of Special Sessions, in the city of New York, reversed a conviction under this section because the signs in that case were not directly on the premises, but were maintained adjacent thereto. Shortly thereafter and...

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1 cases
  • People v. Carillo
    • United States
    • New York Supreme Court — Appellate Term
    • 4 Febrero 1964
    ... ... height and eight inches in width nor larger than twelve inches in height and twelve inches in width clearly indicating the selling price per gallon, together with the ... Page 694 ... name or trade mark and grade or quality classification of the gasoline, and ... 'c. No sign or placard ... The holding was not premised on the right to regulate competition or fix prices ...         As pointed out in People v. Sav-4-On Gallon, Incorporated, 204 Misc. 708, 711, 125 N.Y.S.2d 5, 7-8, the 1939 enactment was found inadequate to cope with the situation disclosed by the ... ...

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