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METROPOLITAN BD v. NYC TAXI

110594/2009.

38 Misc.3d 936 (2013)

958 N.Y.S.2d 569

2013 NY Slip Op 23002

METROPOLITAN TAXICAB BOARD OF TRADE et al., Petitioners, v. NEW YORK CITY TAXI & LIMOUSINE COMMISSION et al., Respondents.

Supreme Court, New York County.

January 3, 2013.

Attorney(s) appearing for the Case

Emery Celli Brinckerhoff & Abady, LLP, New York City ( Richard D. Emery , Matthew D. Brinckerhoff and Samuel Shapiro of counsel), for petitioners. Michael A. Cardozo , Corporation Counsel, New York City ( Christopher Reo , Kathleen C. Schmid and Carrie Noteboom of counsel), for respondents.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

On remand from the Court of Appeals, petitioners move for "incidental damages" in this CPLR article 78 proceeding.

The background of this litigation was succinctly set forth in the decision of the Court of Appeals:

"Regulations of the New York City Taxi & Limousine Commission limit the rates that may be charged by owners of taxicabs who lease those cabs to drivers. In this case, owners challenge...

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