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DUCHEIN v. LINDSAY

42 A.D.2d 100 (1973)

Delbart Duchein, Appellant, v. John V. Lindsay, as Mayor of City of New York, et al., Respondents

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

June 28, 1973.

Attorney(s) appearing for the Case

John E. Kirklin of counsel (Gerald Mann with him on the brief), for appellant.

Nina G. Goldstein of counsel (Stanley Buchsbaum with her on the brief; Norman Redlich, Corporation Counsel), for respondents.

MARKEWICH, J. P., MURPHY, CAPOZZOLI and MACKEN, JJ., concur; STEUER, J., concurs in result.

Per Curiam.

Plaintiff-appellant is an artist who creates and peddles his works upon the streets of this city. He seeks in this proceeding to have declared unconstitutional rules and regulations 13 through 16 of the New York City Department of Consumer Affairs, relating to licensed peddlers, as well as an injunction against their enforcement. Special Term granted defendant-respondent city's motion for summary judgment...

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