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McMILLEN v. BROWNE

14 N.Y.2d 326 (1964)

Foster McMillen, as a Taxpayer of the City of New York, Appellant, v. Roger J. Browne, as Commissioner of Purchase of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

Jerome Doyle and Henry G. Bisgaier for appellant.

Leo A. Larkin, Corporation Counsel (Pauline K. Berger of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge VAN VOORHIS dissents and votes to reverse upon the dissenting opinion at the Appellate Division.

FULD, J.

Section 343-9.0 (subd. a) of the Administrative Code of the City of New York, enacted in 1961, requires the insertion in city contracts and subcontracts of certain stipulations pertaining to the wages and working conditions of employees of such contractors and subcontractors. Insofar as relevant, this local law recites that

"Every contract for or on behalf of the city for the manufacture, furnishing...

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