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CAB TRANSP v. TAXI COMM

68 A.D.2d 604 (1979)

In the Matter of The Cab Transportation Corp., Respondent, v. New York City Taxi & Limousine Commission, Appellant

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

June 26, 1979

Attorney(s) appearing for the Case

L. Kevin Sheridan of counsel (Joel A. Newman with him on the brief; Allen G. Schwartz, Corporation Counsel), for appellant.

Gerald A. Rosenberg of counsel (Rosenman, Colin, Freund, Lewis & Cohen, attorneys), for respondent.

LANE, MARKEWICH and LYNCH, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents in an opinion.

MURPHY, P. J.

Petitioner, Cab Transportation Corp., submitted an application to respondent, New York City Taxi & Limousine Commission, for permission to transfer its 45 taxi medallions to 22 newly organized corporations. Upon the authority of subdivision a of section 2311 of the Administrative Code of the City of New York, the respondent denied this application because the petitioner did not obtain a "tort...

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