MATOSIN v. CITY OF NEW YORK


203 Misc. 973 (1952)

Roy J. Matosin, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

October 9, 1952.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Stanley Buchsbaum and Morris L. Heath of counsel), for defendants.

McAloon & Hirschberg for plaintiff.


EDER, J.

Motion of defendants for judgment on the pleadings is granted.

The action is for a declaratory judgment that New York City Local Law No. 58 for 1952 (Administrative Code of City of New York, ch. 46, tit. F) is unconstitutional, invalid and void. In brief, this enactment is a city tax on the privilege of selling liquor, wine or beer at retail for on- or off-premises consumption and imposes an...

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