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PARKER 86TH v. CITY OF NY

93 A.D.2d 388 (1983)

Parker 86th Associates et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants

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

April 26, 1983

Attorney(s) appearing for the Case

Gary Schuller of counsel (Leonard Olarsch and Joseph A. Vogel with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for respondents-appellants.

Alan Kolod of counsel (Charles G. Moerdler, David S. Welkowitz and Naomi Siegel with him on the brief; Stroock & Stroock & Lavan, attorneys), for appellants-respondents.

KUPFERMAN, J. P., SULLIVAN, SILVERMAN and MILONAS, JJ., concur.

BLOOM, J.

In this uncertified class action plaintiffs seek a declaration that Local Law No. 29 of 1982 of the City of New York is unconstitutional, void and unenforceable, enjoining its enforcement and requiring the city to refund to members of the plaintiff class all revenues alleged to having been illegally obtained from them by the city pursuant to the local law. On October 5, 1982, the day following the...

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