Legal Opinion

McLean Trucking Co. v. City of New York

New York Supreme Court

Decided September 30, 1952PublishedCited by 1 opinion

1Opinion of the CourtWalter, J.

Interstate motor carriers here challenge the validity of the New York City motor use tax imposed by Local Law No. 59 of City of New York of 1952, by which title E was inserted in chapter 46 of the Administrative Code of the City of New York, and seek an injunction restraining its enforcement.

One claim is that the tax is not one which the Legislature has authorized the city to impose. A second claim is that the tax violates tax limitations contained in the Vehicle and Traffic Law. A third claim is that the tax is an unconstitutional regulation of or burden upon interstate commerce.

By chapter…

2Cases cited43 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. The Minnesota Rate CasesSupreme Court of the United States · 1913
  3. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  4. Hendrick v. MarylandSupreme Court of the United States · 1915
  5. Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939

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3Cited by1 opinion

  1. Metropolitan Convoy Corp. v. City of New YorkNew York Supreme Court · 1955

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