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STEUBEN RESTS. v. CITY OF NEW YORK

202 Misc. 22 (1952)

Steuben Restaurants, Inc., Suing on Behalf of Itself and All Other Licensees in the City of New York, Similarly Situated, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

June 16, 1952.

Attorney(s) appearing for the Case

Herbert Burstein for plaintiff.

Denis M. Hurley, Corporation Counsel (Stanley Buchsbaum, Morris L. Heath and Arnold Fox of counsel), for City of New York, defendant.

GREENBERG, J.

The plaintiff seeks to enjoin the enforcement of the tax for the privilege of selling liquor, wine or beer at retail, for on or off premises consumption within the city of New York imposed by Local Law No. 58 for 1952. The tax payable by each retail licensee equals 25% of the license fees payable by the licensee under the State Alcoholic Beverage Control Law (Administrative Code of City of New York...

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