MILLER v. CITY OF NEW YORK


39 Misc.2d 424 (1963)

Miriam Miller et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

June 4, 1963


Attorney(s) appearing for the Case

Alperstein & Goldstick for plaintiffs. Leo A. Larkin, Corporation Counsel (Saul Moskoff and Albert Cooper of counsel), for defendants.


CHARLES MARGETT, J.

This is a taxpayer's action brought pursuant to section 51 of the General Municipal Law to enjoin the construction of a golf driving range and accessory buildings on 30 acres of land in Kissena Park. The plaintiffs move for summary judgment and the defendants cross-move for judgment on the pleadings.

No question of fact is presented. Defendant Morris, as Commissioner of Parks, has...

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