Legal Opinion

Linehan-Leary Corp. v. City of New York

New York Supreme Court

Decided June 30, 1952PublishedCited by 3 opinions

1Opinion of the CourtNathan, J.

Plaintiff seeks a temporary injunction to restrain enforcement of the city tax on the privilege of selling liquor, wine or beer, at retail for on or off premises consumption, imposed by Local Law No. 58 of 1952. It imposes an annual tax “ in an amount equal to twenty-five per cent of the license fees payable under the state alcoholic beverage control law ”.

A similar injunction was denied by Mr. Justice Greenberg in Steuben Restaurants v. City of New York (202 Misc. 22). This court is in accord with that decision.

The present plaintiff urges grounds for injunction which it claims were not…

2Cases cited10 opinions

  1. Philadelphia Fire Assn. v. New YorkSupreme Court of the United States · 1886
  2. The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
  3. People Ex Rel. Pratt v. GoldfogleNew York Court of Appeals · 1926
  4. Franklin Society for Home Building & Savings v. BennettNew York Court of Appeals · 1939
  5. People Ex Rel. Town of Pelham v. Village of PelhamNew York Court of Appeals · 1915

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. O'Gara v. JosephNew York Supreme Court · 1952
  2. Tonkelson v. City of New YorkNew York Supreme Court · 1952
  3. Matosin v. City of New YorkNew York Supreme Court · 1952

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