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FLUSHING NAT BANK v. MAC

89 Misc.2d 342 (1977)

Flushing National Bank, on Behalf of Itself and All Other Holders of Notes of the City of New York Maturing on or Before June 30, 1976, Plaintiff, v. Municipal Assistance Corporation for the City of New York Et Al., Defendants. Pyramid Service Co., on Behalf of Itself and All Other Holders of Unpaid Short Term Obligations of the City of New York Matured Between December 11, 1975 through March 12, 1976, Plaintiff, v. City of New York, Defendant.

Supreme Court, New York County.

March 17, 1977

Attorney(s) appearing for the Case

William I. Niles for Pyramid Service Co., plaintiff. Richenthal, Abrams & Moss for Flushing National Bank, plaintiff. Paul, Weiss, Rifkind, Wharton & Garrison for Municipal Assistance Corporation, defendant. Louis J. Lefkowitz, Attorney-General, for New York State Emergency Financial Control Board, defendant. W. Bernard Richland, Corporation Counsel, for City of New York, defendant. Earle C. Bastow, amicus curiae.

JAMES GIBSON, J.

Plaintiff in Action No. 2 moves (1) for an order determining whether that action is to be maintained as a class action (CPLR 904) and (2) for an order consolidating it with Action No. 1 (CPLR 602, subd [a]).

In Action No. 2, the complaint challenges the constitutionality of the New York State Emergency Moratorium Act for the City of New York (L 1975, ch 874, as amd by ch 875) as violative...

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