Legal Opinion

Weber v. City of New York

New York Supreme Court

Decided July 28, 1959PublishedCited by 3 opinions

1Opinion of the CourtArthur Gr. Klein, J.

This is a motion for an injunction pendente lite restraining the enforcement of Local Law No. 343 for 1959 and collection of the taxicab tax imposed thereby. Plaintiffs’ action is for a judgment declaring that the local law and the State Enabling Act (L. 1959, ch. 369, § 5), pursuant to which it was adopted by the city, are unconstitutional.

A clear right to relief is required to warrant the drastic remedy of á temporary injunction during the pendency of an action in any case. Where it is sought to enjoin the collection of a tax adjudged by the authorities to be necessary for the maintenance…

2Cases cited20 opinions

  1. Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
  2. Louisville Gas & Electric Co. v. ColemanSupreme Court of the United States · 1928
  3. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
  4. New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
  5. Maxwell v. BugbeeSupreme Court of the United States · 1919

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3Cited by3 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. Rozler v. FrangerAppellate Division of the Supreme Court of the State of New York · 1978
  3. Society of the Plastics Industry, Inc. v. City of New YorkNew York Supreme Court · 1971

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