MAYOR v. COUNCIL OF NY CITY


4 Misc.3d 151 (2004)

780 N.Y.S.2d 266

MAYOR OF THE CITY OF NEW YORK, Plaintiff, and AMERICAN FINANCIAL SERVICES ASSOCIATION, Plaintiff-Intervenor, v. COUNCIL OF THE CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

January 26, 2004.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Joshua P. Rubin, Gail Rubin, Spencer Fisher and June R. Buch of counsel), for plaintiff.

Wilmer, Cutler & Pickering (Eric Mogilnicki, Washington, D.C., and David Lurie and Arlo Devlin-Brown, New York City, of counsel), for plaintiff-intervenor.

Thomas L. McMahon, New York City (John Graham of counsel), and Hofstra University School of Law, Hempstead (Eric Lane, Thomas L. McMahon, Tisha M. Jackson, Mark Barenberg, Robert Newman, Deborah Brown, Jay Damashek and Gelvina Stevenson of counsel), for Council of the City of New York, defendant.

Dorsey & Whitney, LLP, New York City (Zachary W. Carter and G. Michael Bellinger of counsel), for Comptroller of the City of New York, defendant.

Sullivan & Cromwell, LLP, New York City (Marc De Leeuw, Marc Trevino and Dora A. Govan of counsel), for New York Bankers Association, amicus curiae.

Thacher Proffitt & Wood, New York City (Kevin J. Plunkett of counsel), for Bond Market Association and another, amici curiae.

NYU School of Law, New York City (Paul K. Sonn of counsel), and South Brooklyn Legal Services (Brigitte Amiri and Josh Zinner of counsel), amicus curiae.


OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this action for injunctive and declaratory relief, plaintiffs challenge the validity of Local Law No. 36 (2002) of City of New York (codified in Administrative Code of City of NY § 6-128).1

Facts

Local Law No. 36 prohibits the City of New York from providing financial assistance to, contracting for goods or...

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