Legal Opinion

Whalen v. Wagner

New York Supreme Court

Decided May 7, 1956PublishedCited by 10 opinions

1Opinion of the CourtM. 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 809 inclusive and for injunctive relief to restrain the municipal authorities from taking any steps to implement these statutes. The present action as originally commenced, named the mayor and the members of the board of…

2Cases cited12 opinions

  1. Adler v. DeeganNew York Court of Appeals · 1929
  2. Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
  3. Bush Terminal Co. v. City of New YorkNew York Court of Appeals · 1940
  4. German Masonic Temple Ass'n v. City of New YorkNew York Court of Appeals · 1939
  5. People Ex Rel. Buffalo & Fort Erie Public Bridge Authority v. DavisNew York Court of Appeals · 1938

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Brechner v. INC. VIL. OF LAKE SUCCESSSupreme Court of Florida · 1960
  2. City of Corning v. Corning Police DepartmentNew York Supreme Court · 1974
  3. County of Orange v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1972
  4. Brechner v. Incorporated Village of Lake SuccessNew York Supreme Court · 1960
  5. Ferdon v. RogersNew York Supreme Court · 1964

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API