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SMITH v. CMTY. BD. NO. 14

128 Misc.2d 944 (1985)

Joseph M. Smith et al., Plaintiffs, v. Community Board No. 14 et al., Defendants.

Supreme Court, Special Term, Queens County.

July 8, 1985

Attorney(s) appearing for the Case

Ira I. Van Leer for plaintiffs. Frederick A. O. Schwarz, Jr., Corporation Counsel (Virginia Waters of counsel), for Community Board No. 14 and others, defendants. Miller, Cassidy, Larroca & Lewin (Nathan Lewin of counsel), and Dennis Rapps for Community Eruv of Belle Harbor and others, defendants. Irving L. Rotter, Sandra Katz Rotter and Tenzer, Greenblatt, Fallon & Kaplan (Herbert Tenzer and Herbert Berman of counsel), for Agudath Harabonim of the United States and Canada and others, amici curiae.

AARON F. GOLDSTEIN, J.

In this action for a permanent injunction, plaintiffs move to restrain defendants from further construction, maintenance and use of an eruv on the grounds that plaintiffs' rights have been violated under the establishment clause of US Constitution 1st Amendment, made applicable to the States by the due process clause of US Constitution 14th Amendment; NY Constitution, article I, § 3 and Administrative Code of the City of New...

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