O'GARA v. JOSEPH


202 Misc. 28 (1952)

John O'Gara, Suing on Behalf of Himself and All Other Licensees in the City of New York, Similarly Situated, Plaintiff, v. Lazarus Joseph, as Comptroller of The City of New York, et al., Defendants.

Supreme Court, Special Term, Kings County.

July 9, 1952.


Attorney(s) appearing for the Case

Milton Sheen for plaintiff.

Denis M. Hurley, Corporation Counsel (Stanley Buchsbaum of counsel), for defendants.


BROWN, J.

This is a motion to enjoin the defendants during the pendency of this action from enforcing the tax on retail licensees of the State Liquor Authority imposed by Local Law No. 58 for 1952 (Administrative Code of City of New York, ch. 46, tit. F). The action is for a declaratory judgment and permanent injunction and asks that this city tax law be declared unconstitutional and void.

The law is challenged...

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