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KAYATT v. DINKINS

148 Misc.2d 510 (1990)

Edward R. Kayatt, Plaintiff, v. David N. Dinkins et al., as Members of the New York City Board of Estimate, et al., Defendants.

Supreme Court, New York County.

September 7, 1990

Attorney(s) appearing for the Case

Castro & Karten (Claude Castro and Susan M. Karten of counsel), for plaintiff. Victor A. Kovner, Corporation Counsel (Jeffrey D. Friedlander, June A. Witterschein and Jonathan L. Pines of counsel), for David N. Dinkins and another, defendants. Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan and Leslie U. Cornfeld of counsel), for Manhattan Cable Television and another, defendants.

MARTIN SCHOENFELD, J.

"Government is a trust, and the officers of the government are trustees, and both the trust and the trustees are created for the benefit of the people." (Henry Clay, statesman.)

This application, initially for a preliminary injunction, has on consent by all parties now been converted to one for summary judgment. (See, Oil Heat Inst. v Town of Babylon,

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