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  5. 47 A.D.2d 367 (1975)
 

WEIN v. CITY OF N. Y.

47 A.D.2d 367 (1975)

Leon E. Wein, Respondent-Appellant, v. City of New York et al., Appellants-Respondents

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

April 17, 1975

Attorney(s) appearing for the Case

Leon E. Wein (William J. Quirk with him on the brief), respondent-appellant, pro se.

W. Bernard Richland, Corporation Counsel (James G. Greilsheimer, Leonard Bernikow and Kenneth F. Hartman with him on the brief), for appellants-respondents.

White & Case (Orison S. Marden, Willis McDonald IV, Marion Jay Epley, III, Robert L. Clair, III and Cleary Gottlieb Steen & Hamilton by Evan A. Davis, of counsel), attorneys for Financial Community Liaison Group, amicus curiae.

STEVENS, P. J., and MARKEWICH, J., dissent in part in an opinion and hold that plaintiff does not have standing to maintain action; KUPFERMAN, J., dissents in an opinion so far as defendants' motion for accelerated judgment was granted, and would try issue of constitutionality.

LUPIANO, J.

This is an action brought by a taxpayer pursuant to section 51 of the General Municipal Law for declaratory and injunctive relief. Special Term (KORN, J.) granted defendants' motion for accelerated judgment and declared that although plaintiff had standing to maintain this action, the underlying legislation under attack in the complaint is constitutional and the proposed bond issue valid.

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