MCCALLIN v. WALSH


64 A.D.2d 46 (1978)

Francis J. McCallin et al., Individually and on Behalf of All Persons Similarly Situated, Respondents, v. Jeremiah T. Walsh, as Commissioner of the Buildings Department of The City of New York, et al., Appellants Beckrose Estates et al., Respondents, v. John T. O'Hagan, as Commissioner of the Fire Department of The City of New York, et al., Appellants 49-50 Associates et al., Respondents, v. John T. O'Hagan, as Commissioner of the Fire Department of The City of New York, et al., Appellants Melvyn Kaufman et al., Respondents, v. John T. O'Hagan, as Commissioner of the Fire Department of The City of New York, et al., Appellants

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

July 20, 1978


Attorney(s) appearing for the Case

Morris Einhorn of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporation Counsel), for appellants.

William M. Kufeld of counsel (Lewis Bart Stone, Jeffrey G. Gurren and Norman Flitt with him on the brief; Carb, Luria, Glassner, Cook & Kufeld, attorneys), for Francis J. McCallin and others, respondents.

Harold Dublirer of counsel (Dublirer, Haydon & Straci, attorneys), for John T. O'Hagan and another, respondents.

Jeffrey G. Stark of counsel (Bernard S. Meyer with him on the brief; Meyer, English, Cianciulli & Peirez, P. C., attorneys), for New York Sprinkler Contractor's Association, amicus curiae.

SILVERMAN and FEIN, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and LUPIANO, J., dissent, in part, in an opinion by MURPHY, P. J.


SULLIVAN, J.

The issue presented on these four appeals is the constitutionality of Local Law No. 5 of 1973 of the Local Laws of the City of New York, entitled "fire safety requirements and controls", which was enacted by the City Council "to amend the administrative code of the city of New York, in relation to fire safety requirements and controls in certain office buildings...

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