SUBCONTRACTORS TRADE v. KOCH


62 N.Y.2d 422 (1984)

Subcontractors Trade Association et al., Respondents, v. Edward I. Koch, as Mayor of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1984.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael Gage, and Michael S. Adler of counsel), for appellants.

Irwin M. Taylor and Dena Sklarin for respondents.

Lois Waldman and Marc D. Stern for American Jewish Congress, amicus curiae.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The principal question before us is whether the Mayor of the City of New York, by Executive Order, may lawfully mandate that a 10% share of all construction contracts awarded by the city be given to "locally based enterprises".

Defendants place heavy emphasis on the socioeconomic circumstances which purportedly gave rise to the issuance of the order. However, the issue presented for our determination...

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