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SIMON v. CITY OF NEW YORK

22 Misc.2d 718 (1960)

Alan M. Simon, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

January 5, 1960.

Attorney(s) appearing for the Case

Martin Saxe and Lloyd D. Keigwin for plaintiff.

Charles H. Tenney, Corporation Counsel, for defendants.

ARTHUR MARKEWICH, J.

Plaintiff moves for judgment pursuant to rules 112 and 113, declaring that chapter 369 of the Laws of 1959 and Local Law No. 47 of 1959 of the City of New York are unconstitutional, and permanently restraining the defendants from imposing and collecting the taxicab tax. Defendants move under rule 113 to dismiss the complaint, which motion is consolidated herewith for disposition.

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