SALZMAN v. IMPELLITTERI


305 N.Y. 414 (1953)

Pauline Salzman, Appellant, v. Vincent R. Impellitteri, as Mayor of The City of New York, et al., Appellants, et al., Defendants, and Nathaniel L. Goldstein, as Attorney-General of The State of New York, Intervener, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1953


Attorney(s) appearing for the Case

Herman Katz, Louis A. Cioffi and Edward S. Blackstone for Pauline Salzman, appellant.

Denis M. Hurley, Corporation Counsel (W. Bernard Richland, Pauline K. Berger and Barbara Carroll of counsel), for Vincent R. Impellitteri and another, appellants.

Nathaniel L. Goldstein, Attorney-General, in person (Wendell P. Brown and Ruth Kessler Toch of counsel), for intervener-respondent.

LEWIS, Ch. J., CONWAY, DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur in Per Curiam opinion; DYE, J., dissents in opinion.


Per Curiam.

This is a taxpayer's action to enjoin the City of New York from entering into any kind of agreement with the New York City Transit Authority pursuant to chapters 200-208 of the Laws of 1953, and for a declaratory judgment determining that no transaction which those statutes purport to authorize can be executed due to their alleged unconstitutionality. The action was begun before any lease or other form of...

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