BERGERMAN v. LINDSAY


58 Misc.2d 1013 (1969)

Milton M. Bergerman, Individually and as Chairman of the Citizens Union of the City of New York, Inc., Plaintiff, v. John V. Lindsay, as Mayor of the City of New York, et al., All Constituting the Board of Estimate of the City of New York, Defendants.

Supreme Court, Special Term, New York County.

January 21, 1969


Attorney(s) appearing for the Case

Samuel D. Smoleff for plaintiff. J. Lee Rankin, Corporation Counsel (John J. Loflin and Judith Grad of counsel), for John V. Lindsay, defendant. Charles S. Desmond for Frank D. O'Connor and others, defendants.


SAUL STREIT, J.

Pursuant to CPLR 3212, plaintiff moves for summary judgment and judgment on the pleadings in his favor restraining defendants, as members of the Board of Estimate of the City of New York, from passing upon and approving, disapproving or changing proposed budgets of the City of New York, and from exercising any other alleged legislative powers.

The material facts are not in dispute....

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