NEW YORK CENT. R.R. CO. v. LEFKOWITZ


28 A.D.2d 735 (1967)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 1967


As so modified, judgment affirmed insofar as appealed from, with costs to each respondent or respondents who filed separate briefs.

The findings of fact are affirmed. The court having determined that plaintiffs are not entitled to the declaration sought by them, should have declared that the statute in question is constitutional, instead of dismissing the complaint (Lanza v. Wagner, 11 N.Y.2d 317, 334, app. dsmd. ...

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