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MTR. OF WEISS v. CITY OF NEW YORK

52 Misc.2d 391 (1966)

In the Matter of Theodore S. Weiss, Petitioner, v. City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

September 14, 1966

Attorney(s) appearing for the Case

Jesse H. Brenner for petitioner. Sidney Brandes, Helen R. Cassidy, James P. McMahon and Edw. L. Cox, Jr., for New York City Transit Authority, respondent. J. Lee Rankin, Corporation Counsel (John J. Loflin of counsel), for City of New York, respondent.

GEORGE M. CARNEY, J.

This proceeding in the nature of mandamus is brought pursuant to article 78 CPLR. The application is denied and petition dismissed.

Petitioner seeks relief in two forms: a declaratory judgment to the effect that no legal impediment exists which would bar the Mayor from making available to the New York City Transit Authority the sum of $84,300,000, and relief in the nature of mandamus...

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