Flushing National Bank v. Municipal Assistance Corp.

The New York City Emergency Moratorium Act of 1975, is, I submit, constitutional. Previously, the Appellate Division unanimously, and Special Term before it, found it constitutional. A declaration of unconstitutionality at this juncture departs from moratorium principles *743established through the years by the highest courts of our State and Nation and overlooks certain specific constitutional provisions, all of which mandate a finding of constitutionality.

I

The declaration of a law as unconstitutional is a delicate task, to be entered upon only with reluctance and hesitation (see People v Beakes…