NYC CLASH v. CITY OF NEW YORK

152723/14, 2104.

147 A.D.3d 97 (2017)

2017 NY Slip Op 00042

45 N.Y.S.3d 22

NYC C.L.A.S.H. et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2017.


Attorney(s) appearing for the Case

Joshpe Law Group LLP, New York City ( Edward A. Paltzik of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Benjamin Welikson and Richard Dearing of counsel), for respondents.

MAZZARELLI, J.P., MOSKOWITZ, KAHN and GESMER, JJ., concur.


OPINION OF THE COURT

In this declaratory judgment action, plaintiffs, NYC C.L.A.S.H.* (CLASH) and Russell Wishtart, seek a declaration that Local Law No. 152 (2013) of City of New York is unconstitutional. Local Law 152 amended Administrative Code of City of New York, title 17, chapter 5, the "Smoke...

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