FIVE BORO ELEC. CONTRACTORS ASSN. INC. v. CITY OF NEW YORK


37 A.D.2d 807 (1971)

Five Boro Electrical Contractors Assn. Inc., et al., Appellants, v. City of New York et al., Respondents

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

October 4, 1971


Respondents shall recover of appellants $50 costs and disbursements of this appeal.

In affirming, we note that on the record before us, we cannot conclude a case has been made against the rationality of the pertinent sections of the code, as delineated in the minority opinion herein, or that the sections are offensive to Amendment XIV of the Federal Constitution. And since what was before Special Term was a motion for summary judgment, the moving plaintiffs had an...

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