OLD DUTCH LANDS v. CITY OF N. Y.


55 Misc.2d 384 (1967)

Old Dutch Lands, Inc., Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Kings County.

December 29, 1967


Attorney(s) appearing for the Case

Rene H. Karsten for plaintiff. J. Lee Rankin, Corporation Counsel (Joachim Titolo, Frank W. Porcaro, Donald E. Biederman and Alan Bruten of counsel), for City of New York, defendant. Louis J. Lefkowitz, Attorney-General (Philip Weinberg of counsel), for State of New York, defendant. Permut & Permut (Michael Permut, Morris Permut and Richard J. Maloney of counsel), for Astoria Holding Corporation and another, defendants.


NATHAN R. SOBEL, J.

These are cross motions for summary judgment (CPLR 3212) in an action for a declaratory judgment which attacks as unconstitutional section D17-25.0 of the Administrative Code of the City of New York. Issues of law only are presented.

The section in issue was added to title D of chapter 17 of the code in 1956 (L. 1956, ch. 481, eff. April 9, 1956). Title D, the in rem foreclosure statute...

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