Loretto v. Teleprompter Manhattan CATV Corp.

OPINION OF THE COURT

Louis Grossman, J.

Motions Nos. 89, 90, 91 and 94 on the calendar of November 3, 1978 are consolidated for disposition.

The main motion (No. 94) in this class action instituted by plaintiff Jean Loretto, formerly the owner of residential premises located at 303 West 105th Street (ownership was recently transferred to a corporation wholly owned by plaintiff), seeks to test the constitutionality of section 828 of the Executive Law, which became effective on January 1, 1973. Defendant City of New York and the remaining defendants (Teleprompter) move by separate motions (Nos. 91…