Mid-Manhattan Independent Merchants Ass'n v. City of New York

OPINION OF THE COURT

Richard W. Wallach, J.

Motion by plaintiff Mid-Manhattan Independent Merchants Association (Association), for a preliminary injunction restraining defendant City of New York and its commissioner of the Department of Consumer Affairs (DCA) from implementing and enforcing Local Law No. 74 of 1982 on the ground that it is unconstitutional is denied. Plaintiff contends that this legislation, which requires a narrowly defined class of retailers in midtown Manhattan to apply for a special license to do business (and thereby subject them to more stringent regulation than their…