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CITY OF N. Y. v. N. Y. CITY TR. AUTH.

53 Misc.2d 627 (1967)

City of New York et al., Plaintiffs, v. New York City Transit Authority et al., Defendants. John Burnell et al., Plaintiffs, v. Mayor of the City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

April 12, 1967

Attorney(s) appearing for the Case

O'Dwyer & Bernstein (Paul O'Dwyer and W. Bernard Richland of counsel), Counsel to Board of Estimate and as Special Assistant Corporation Counsel, for City of New York and another, plaintiffs. Sidney Brandes and Edward L. Cox for New York City Transit Authority, defendant. J. Lee Rankin, Corporation Counsel (Frederic S. Nathan, Milton Weinberg and David Jalosky of counsel), for City of New York and another, defendants. Donald F. Menagh for John Burnell and another, plaintiffs. Samuel D. Smoleff for Citizens Union, amicus curiæ.

SAUL S. STREIT, J.

Motions Nos. 39, 47, 71 and 185 of the March 21, 1967 calendar are consolidated here for the purpose of disposition.

Preliminarily, the motion by alleged taxpayers to intervene in the principal action here involved (Motion No. 185) is denied and the Corporation Counsel's cross motion to dismiss the complaint in their separate taxpayers' action is granted. The relief these taxpayers...

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