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ST. OF SHIPS v. O'HAGAN

89 Misc.2d 655 (1977)

In the Matter of Street of Ships, Inc., Petitioner, v. John T. O'Hagan, as Commissioner of the Fire Department of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

January 20, 1977

Attorney(s) appearing for the Case

Lifshutz & Pollard for petitioner. W. Bernard Richland, Corporation Counsel (Ira L. Blankenstein of counsel), for respondent.

HILDA G. SCHWARTZ, J.

This is a CPLR article 78 proceeding in the nature of prohibition to enjoin respondent from preventing petitioner from operating the steamship Robert Fulton as a floating restaurant.

Petitioner owns a vessel known as the Robert Fulton, which is certified by the United States Coast Guard as a seagoing passenger barge. The vessel is moored at Pier 16 in New York City, pursuant to the terms of a lease with the...

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