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DI PRIMA v. WAGNER

27 Misc.2d 380 (1961)

Francis R. Di Prima, Plaintiff, v. Robert F. Wagner, as Mayor of City of New York, et al., Defendants, and Louis J. Lefkowitz, as Attorney-General, Intervenor-Defendant.

Supreme Court, Special Term, New York County.

May 5, 1961

Attorney(s) appearing for the Case

Emil K. Ellis and Maurice Shire for plaintiff. Leo A. Larkin, Corporation Counsel (Pauline Berger of counsel), for Robert F. Wagner and others, defendants. Reuben A. Lazarus for Charter Revision Commission. Louis J. Lefkowitz, Attorney-General (Mathias Spiegel of counsel), for intervening defendant. A. Paul Goldblum for New York Committee for Democratic Voters, amicus curiæ. Samuel D. Smoleff for Citizens Union, amicus curiæ. Leo Brown for Liberal Party, amicus curiæ.

IRVING H. SAYPOL, J.

The plaintiff, suing as a taxpayer of the City of New York, pursuant to section 51 of the General Municipal Law brings this action for a declaratory judgment that chapter 87 of the Laws of 1961, adding a new subdivision 4 to section 20 of the City Home Rule Law and amending subdivision 3 of section 20, is void and unconstitutional and is inapplicable and not binding upon the defendants nor...

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