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NEW YORK CENT. R. R. v. LEFKOWITZ

46 Misc.2d 68 (1965)

New York Central Railroad Company et al., Plaintiffs, v. Louis J. Lefkowitz, as Attorney-General of the State of New York, et al., Defendants, and Brotherhood of Locomotive Firemen and Enginemen et al., Intervenors-Defendants.

Supreme Court, Westchester County.

April 8, 1965

Attorney(s) appearing for the Case

Royall, Koegel & Rogers (William F. Rogers, Caesar L. Pitassy, Robert M. Lane and David F. Dobbins of counsel), and Gerald E. Dwyer for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joseph A. Romano of counsel), defendant in person. Gordon Miller, County Attorney (Irving L. Liebenson of counsel), for Leonard Rubenfeld, as District Attorney of Westchester County, defendant. Kent H. Brown for Public Service Commission, defendant. Breed, Abbott & Morgan (John R. Brook, Thomas A. Shaw, Jr., and Stephen Estroff of counsel), for intervenors-defendants.

GERALD NOLAN, J.

The plaintiffs, 10 Class 1 railroads, all engaged in the business of transporting freight, or freight and passengers, in interstate commerce, in the State of New York, have brought this action for a judgment declaring sections 54-a, 54-b, and 54-c of the Railroad Law of the State of New York, commonly known as the "Railroad Full Crew Laws", unconstitutional, and enjoining the defendants from...

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