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METRO FUNERAL DIRECTORS v. NY

182 Misc.2d 977 (1999)

702 N.Y.S.2d 526

METROPOLITAN FUNERAL DIRECTORS ASSOCIATION, INC., et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

December 10, 1999.

Attorney(s) appearing for the Case

Tenzer Greenblatt, L. L. P., New York City (James G. Greilsheimer and Lon J. Seidman of counsel), for plaintiffs.

Michael D. Hess, Corporation Counsel of New York City (Hillary Weisman and Robin Binder of counsel), for defendants.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

Plaintiffs commenced this action seeking a declaratory judgment against defendants the City of New York (City), New York City Department of Consumer Affairs (DCA), and Jules Polonetsky, DCA's Commissioner (Commissioner) declaring invalid four rules recently amended by defendant DCA relating to the regulation of the funeral home industry. Plaintiffs move for a preliminary injunction enjoining enforcement of those...

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