1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 46 N.Y.2d
  5. 46 N.Y.2d 686 (1979)
 

MTR 303 W. 42ND v. KLEIN

46 N.Y.2d 686 (1979)

In the Matter of 303 West 42nd Street Corporation, Appellant, v. Joseph B. Klein, as Chairman of the Board of Standards and Appeals, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Herald Price Fahringer and Ralph J. Schwarz, Jr., for appellant.

Allen G. Schwartz, Corporation Counsel (Leonard Olarsch and L. Kevin Sheridan of counsel), for respondents.

Judges JASEN, JONES and WACHTLER concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.

FUCHSBERG, J.

In this article 78 proceeding we must define the measure of proof required to make out a prima facie case of unconstitutional discrimination in the administering of admittedly valid laws. We hold that this burden is met and, hence, an evidentiary hearing before a judicial tribunal is mandated whenever one asserting such a violation can demonstrate a reasonable probability of success on the merits...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases