Legal Opinion
Wittenberg v. City of New York
New York Supreme Court
Decided January 15, 1987PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
Plaintiffs, owners of rent-stabilized multiple dwellings, chai*364lenge the constitutional integrity of a local law which assesses a $10 per unit retroactive annual fee. The issue in this action is whether the two-year period of retroactivity is so unfair that it infringes upon the constitutional rights and legitimate expectations of the plaintiffs. For the reasons discussed below, the court believes that it does.
Plaintiffs initially moved, pursuant to CPLR 6301, for a preliminary injunction restraining the defendant City of New York from implementing Local…
2Cases cited16 opinions
- Plyler v. DoeSupreme Court of the United States · 1982
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Welch v. HenrySupreme Court of the United States · 1938
- United States v. DarusmontSupreme Court of the United States · 1981
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wittenberg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Frontier Insurance v. StateNew York Court of Claims · 1993