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RKO-KEITH-ORPHEUM THEATRES v. CITY OF NEW YORK

206 Misc. 602 (1954)

RKO-Keith-Orpheum Theatres, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

September 23, 1954.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery for RKO-Keith-Orpheum Theatres, Inc., plaintiff.

Leopold Friedman for Willard Amusement Corporation, plaintiff.

Hovell, Clarkson & Klupt for Queens Park Operation Corporation, plaintiff.

Weisman, Celler, Allan, Spett & Sheinberg for Bilpam Corp., plaintiff.

Adrian P. Burke, Corporation Counsel (Stanley Buchsbaum, Morris L. Heath and Solomon Partnow of counsel), for defendants.

STODDART, J.

This is an action for a declaratory judgment declaring the New York City Amusement Tax enacted by Local Law No. 37 for 1954 to be illegal and void. Both the plaintiffs and the defendants agree that there is no issue of fact requiring a trial. The defendants by motion pray for summary judgment dismissing the complaint and the plaintiffs by cross motion move for summary judgment in their favor.

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