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STREET VENDOR v. CITY OF NY

10 Misc.3d 978 (2005)

811 N.Y.S.2d 555

STREET VENDOR PROJECT, on Behalf of Its Members OUSMANE MOUSSA and Another, Petitioner, v. CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

December 21, 2005.

Attorney(s) appearing for the Case

Freshfields Bruckhaus Deringer LLP, New York City (Alexander A. Yanos and Stephanie E. Webster of counsel), and Urban Justice Center, New York City (Sean Basinski of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel (Gabriel Taussig, Mark Muschenheim and Michelle Golberg-Cahn of counsel), for City of New York, respondent.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

This CPLR article 78 proceeding challenges the City's adoption of a new schedule of fines applicable to licensed and unlicensed street vendors. By separate motion, petitioner seeks a preliminary injunction against the schedule's implementation. Petitioner claims that the subject fines are arbitrary and capricious, contrary to law and an abuse of discretion, inter alia, as constitutionally excessive and defectively...

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