Schwartzberg v. Wallander

This action is brought for a judgment declaring that section 35 of the Traffic Regulations of the City of New York is void, unreasonable and discriminatory and for an injunction to restrain enforcement of such regulations.

Section 35 provides: “ Learner’s streets. A driver with a learner’s permit shall operate a motor vehicle only on streets designated as learner’s streets by the Police Commissioner, and only when accompanied by a licensed chauffeur or operator who shall not permit such learner to violate this provision.”

Plaintiffs are either owners or employees of auto schools which give…