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WEBER v. CITY OF NEW YORK

18 Misc.2d 543 (1959)

Julia Weber et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

July 28, 1959.

Attorney(s) appearing for the Case

Garfield, Salomon & Mainzer (Edward Garfield and Elliott J. Solomon of counsel), for plaintiffs.

Charles H. Tenney, Corporation Counsel (Stanley Buchsbaum, Morris L. Heath, Isidore Friedman and Solomon Portnow of counsel), for defendants.

ARTHUR G. KLEIN, J.

This is a motion for an injunction pendente lite restraining the enforcement of Local Law No. 343 for 1959 and collection of the taxicab tax imposed thereby. Plaintiffs' action is for a judgment declaring that the local law and the State Enabling Act (L. 1959, ch. 369, § 5), pursuant to which it was adopted by the city, are unconstitutional.

A clear right to relief is required to warrant the drastic remedy of a...

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