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WHALEN v. WAGNER

2 Misc.2d 89 (1956)

Michael F. Whalen et al., Plaintiffs, v. Robert F. Wagner et al., Constituting the Board of Estimate of the City of New York, et al., Defendants, and Port of New York Authority et al., Intervenors-Defendants.

Supreme Court, Special Term, Kings County.

May 7, 1956.

Attorney(s) appearing for the Case

Kelly, Finn & Brisach for plaintiffs.

Peter Campbell Brown, Corporation Counsel (W. Bernard Richland of counsel), for defendants.

Sidney Goldstein, Daniel B. Goldberg and Frank Moss for Port of New York Authority, intervenor-defendant.

Lewis L. Delafield for Triborough Bridge and Tunnel Authority, intervenor-defendant.

Jacob K. Javits, Attorney-General (Abraham Wagman of counsel), for the State of New York, intervenor-defendant.

M. HENRY MARTUSCELLO, J.

Defendants move to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action and also for judgment in favor of the defendants declaring chapters 806 to 809 inclusive of the Laws of 1955 in all respects constitutional.

Plaintiffs as taxpayers instituted the present action to declare as unconstitutional and void chapters 806 to...

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