REALTY CORP v. BD OF HEALTH


91 Misc.2d 56 (1977)

Bryant Westchester Realty Corp., Plaintiff, v. Board of Health of the City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

July 15, 1977


Attorney(s) appearing for the Case

Rosenberg & Cohen, P. C. (Gary M. Rosenberg and Michael Ciris of counsel), for plaintiff. W. Bernard Richland, Corporation Counsel (Gabriel Taussig of counsel), for defendants.


ARNOLD L. FEIN, J.

Plaintiff landlord moves for a preliminary injunction restraining defendant from enforcing section 131.15 of the New York City Health Code on the ground that it is unconstitutional, at least as applied to plaintiff. Defendant cross-moves for an order dismissing the complaint pursuant to CPLR 3211 or alternatively for summary judgment pursuant to CPLR 3212 granting a declaratory judgment declaring...

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