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MTR. OF BARTON TRUCKING CORP. v. O'CONNELL

7 N.Y.2d 299 (1959)

In the Matter of Barton Trucking Corp., Respondent-Appellant, v. Bernard J. O'Connell, as Commissioner of Licenses of the City of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Edward A. Doberman and Seymour B. Quel of counsel), for appellant-respondent.

Asher Marcus and Irving Bick for respondent-appellant.

Chief Judge CONWAY and Judges DESMOND and BURKE concur with Judge FROESSEL; Judges DYE, FULD and VAN VOORHIS dissent and vote to affirm and to direct the issuance of cartmen's licenses to petitioner.

FROESSEL, J.

Petitioner is a domestic trucking corporation with offices in midtown Manhattan, and its trucking services are carried on in New York City's garment industry. It was incorporated in 1955, and consists of four persons who are its officers and directors, each of whom owns 25% of the corporate stock. Petitioner employs nine persons, other than its principals, and does a gross annual business of $90,000...

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