EMPIRE TRANSIT MIX, INC. v. GIULIANI

No. 99 CIV. 2348 DB.

37 F.Supp.2d 331 (1999)

EMPIRE TRANSIT MIX, INC., Plaintiff, v. Rudolph W. GIULIANI, Mayor of the City of New York; Henry J. Stern, Commissioner, Department of Parks & Recreation; Luis M. Tormenta, Commissioner, Department of Design & Construction; and the City of New York, Defendants.

United States District Court, S.D. New York.

April 9, 1999.


Attorney(s) appearing for the Case

Robert G. Benisch, Berman, Paley, Goldstein & Kannrey, LLP, New York, NY, for Plaintiff.

John Woods, Assistant Corporation Counsel, Michael D. Hess, Corporation Counsel of the City of New York, Jeffrey K. Goldsmith, Department of Parks & Recreation, Flushing, NY, for Defendants.


MEMORANDUM OPINION

KAPLAN, District Judge.

Empire Transit Mix, Inc. ("Empire") brings this action for an injunction compelling the City of New York (the "City") to revoke its prohibition on allowing plaintiff to supply concrete to contractors working on City construction projects. The matter is before the Court on Empire's motion for a preliminary injunction and the defendants' motion to dismiss.

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