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METROPOLITAN TAXICAB BD. OF TRADE v. NEW YORK CITY TAXI & LIMOUSINE COMMN.

110594/2009.

2013 NY Slip Op 23002

METROPOLITAN TAXICAB BOARD OF TRADE; MIDTOWN CAR LEASING CORP; RONART LEASING CORP.; AND LINDEN MAINTENANCE CORP., Petitioners, v. THE NEW YORK CITY TAXI & LIMOUSINE COMMISSION ("TLC"); AND MATTHEW W. DAUS, COMMISSIONER, CHAIR, AND CHIEF EXECUTIVE OFFICER OF THE TLC, Respondents.

Supreme Court, New York County.

Decided January 3, 2013.

Attorney(s) appearing for the Case

Richard D. Emery , Mathew D. Brinckerhoff , Samuel Shapiro , Emery Celli Brinckerhoff & Abady, LLP, 75 Rockefeller Plaza, 20th Fl, New York, NY 10019, for Petitioners.

Michael A. Cardozo , Corporation Counsel of the City of New York, Of Counsel: Chris Reo , Kathleen C. Schmid , Carrie Noteboom , 100 Church St, New York, NY 10007, for Respondents.

MICHAEL D. STALLMAN, J.

On remand from the Court of Appeals, petitioners move for "incidental damages" in this 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 a Commission regulation that...

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