Tonkelson v. City of New York

All the attacks made by the plaintiff upon Local Law No. 58 for 1952 have already, with one exception, been overruled in three decisions by justices of this court (Steuben Restaurants v. City of New York, 202 Misc. 22; Linehan-Leary Corp. v. City of New York, 202 Misc. 25; O’Gara v. Joseph, 202 Misc. 28).

The only claim now made which has not been passed upon is that the law does not tax all those possessing the privilege of selling at retail, but only some of them, and that the statute thus denies the equal protection of the laws. It is well settled that the Legislature may resort to…