LINEHAN-LEARY CORP. v. CITY OF NEW YORK


202 Misc. 25 (1952)

Linehan-Leary Corporation, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

June 30, 1952.


Attorney(s) appearing for the Case

Paul O'Dwyer and Charles Haydon for plaintiff.

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


NATHAN, J.

Plaintiff seeks a temporary injunction to restrain enforcement of the city tax on the privilege of selling liquor, wine or beer, at retail for on or off premises consumption, imposed by Local Law No. 58 of 1952. It imposes an annual tax "in an amount equal to twenty-five per cent of the license fees payable under the state alcoholic beverage control law".

A similar injunction was denied by Mr...

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