Legal Opinion
P. & A. Carting Co. v. City of New York
New York Supreme Court
Decided November 2, 1956PublishedCited by 7 opinions
1Opinion of the CourtHenry Clay Greenberg, J.
This is an action brought by private cartmen against the City of New York and its license commissioner to declare invalid and enjoin the enforcement of a certain implementing regulation promulgated by the commissioner pursuant to the provisions of the recently enacted No. 29 of the 1956 Local Laws of the City of New York dealing with the problem of commercial refuse removal. Defendants have moved to dismiss the complaint on the ground that it fails to state a cause of action.
Plaintiffs do not challenge the law itself nor any of its provisions, including the power conferred on the commissioner…
2Cases cited8 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
- Tyson & Brother v. BantonSupreme Court of the United States · 1927
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
- City of Rochester v. . GutberlettNew York Court of Appeals · 1914
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3Cited by7 opinions
- USA Recycling, Inc. v. Town of BabylonCourt of Appeals for the Second Circuit · 1995
- Feher Rubbish Removal, Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2005
- Board of Education of Community High School District No. 218 v. Village of RobbinsAppellate Court of Illinois · 2002
- Industrial Refuse Systems, Inc. v. O'RourkeNew York Supreme Court · 1986
- USA Recycling, Inc. Friendly Carting, Inc. Joseph Carione Angelo Carione Jean I. Carione Louis Carione and Carl R. Fucci v. Town of Babylon Town of Babylon, New York, Commercial Garbage District No. 2 Town Board of the Town of Babylon Richard H. Schaffer, Supervisor Francine v. Brown, Councilwoman Patrick Haugen, Councilman Robert Kaufold, Councilman Anthony Tafuri, Councilman and Babylon Source Separation Commercial, Inc., A.A. & M. Carting Service, Inc. Farmingdale Carting Service, Inc. Natale Pepe Waste Corp. Pgs Carting Co., Inc. Joseph S. Celano Marianne Celano Jc Industries, Inc. C.B.S. Rubbish Co., Inc. Farmingdale Industrial Park Association Minersfuel Company, Inc. Resource Conservation Corp. v. Town of Babylon, New York, Commercial Garbage District No. 2, Also Known as Commercial Waste Collecting and Recycling District Town Board of the Town of Babylon Richard H. Schaffer Babylon Source Separation Commercial, Inc.Court of Appeals for the Second Circuit · 1995
2 more not listed; retrieve them via the Exa API.