McLEAN TRUCKING CO. v. CITY OF NEW YORK


202 Misc. 604 (1952)

McLean Trucking Company et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

September 30, 1952.


Attorney(s) appearing for the Case

Harris J. Klein and William Biederman for plaintiffs.

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


WALTER, J.

Interstate motor carriers here challenge the validity of the New York City motor use tax imposed by Local Law No. 59 of City of New York of 1952, by which title E was inserted in chapter 46 of the Administrative Code of the City of New York, and seek an injunction restraining its enforcement.

One claim is that the tax is not one which the Legislature has authorized the city to impose. A second...

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