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HEMPSTEAD T-W CORP. v. TN. OF HEMPSTEAD

13 Misc.2d 1054 (1958)

Hempstead t-W Corp. et al., Plaintiffs, v. Town of Hempstead of the County of Nassau et al., Defendants.

Supreme Court, Trial Term, Nassau County.

May 27, 1958.

Attorney(s) appearing for the Case

Bernard Selkowe for plaintiffs.

John A. Morhous and B. Thomas Pantano for Town of Hempstead and another, defendants.

G. Burchard Smith, County Attorney (Harold Collins of counsel), for John Beckmann, Commissioner of Police, defendant.

MARIO PITTONI, J.

This is an action to have this court declare certain sections of Ordinance No. 40 of the Town of Hempstead entitled "Operation of Tow Cars" unconstitutional and void and to enjoin any action and enforcement thereunder.

I. The major attack is on section 12.0 which reads as follows: "Sec. 12.0 It shall be unlawful for any person to drive along any street or bridge in the Town of Hempstead...

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