Legal Opinion · Concurring in part, dissenting in part

Wein v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 1975Published

1Concurring in part, dissenting in partKupferman, J.

I concur in the determination that the plaintiif has standing to raise the question with which we are concerned. (See *374Matter of Whalen v Lefkowitz, 36 NY2d 75, 78; Matter of Abrams v Ronan, 44 AD2d 535, 536 [dissent], affd on other grounds 36 NY2d 714.)

As to the merits, despite a valiant argument by the Corporation Counsel of the City of New York to the contrary, the Stabilization Reserve Corporation appears to be an attempt to evade, not merely to avoid, the New York State Constitution strictures against incurring excessive debt. A cause of action is stated and should be tried.

The case of…

2Cases cited4 opinions

  1. Comereski v. City of ElmiraNew York Court of Appeals · 1955
  2. Whalen v. LefkowitzNew York Court of Appeals · 1975
  3. Abrams v. RonanNew York Court of Appeals · 1975
  4. Abrams v. RonanAppellate Division of the Supreme Court of the State of New York · 1974

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