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CITY OF BUFFALO v. STATE BD. OF EQUAL.

46 Misc.2d 675 (1965)

City of Buffalo et al., Plaintiffs, v. State Board of Equalization and Assessment et al., Defendants, and Baltimore and Ohio Railroad Company et al., Intervenors-Defendants.

Supreme Court, Special Term, Albany County.

June 11, 1965

Attorney(s) appearing for the Case

Robert E. Casey, Jr., Corporation Counsel (Joseph A. Nicosia of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joseph A. Romano of counsel), for defendants. Sullivan & Cromwell (David W. Peck, Edward W. Keane and Robert E. Barnett of counsel), for intervenors-defendants.

T. PAUL KANE, J.

Plaintiffs question the constitutionality of chapter 636 of the Laws of 1959 and chapter 86 of the Laws of 1963 in an action for a declaratory judgment in which they seek a declaration of unconstitutionality together with injunctive relief.

Defendants move pursuant to CPLR 3211 (subd. [a], pars. 3, 7) to dismiss the complaint upon the grounds that (a) plaintiffs do not have the legal...

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