Adlerstein v. City of New York
| Decision Date | 09 April 1959 |
| Parties | , 158 N.E.2d 512 Saul H. ADLERSTEIN et al., Respondents, v. CITY OF NEW YORK et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 717, 181 N.Y.S.2d 165.
Licensed electricians brought action against the City of New York, Department of Water Supply, Gas and Electricity, and others for declaratory judgment that Local Law 1957, No. 3, being Section B30-14.0 of the Administrative Code, is unconstitutional, and for an injunction.
The Supreme Court, Special Term, New York County, Steuer, J., 11 Misc.2d 754, 174 N.Y.S.2d 610, held that statutory provision requiring a fee of $250 for issuance of a license is unconstitutional, and that there is no constitutional warrant for putting the expense of regulating the business of electricians in the guise of a license fee, and the City of New York, Department of Water Supply, Gas and Electricity and others appealed.
The Appellate Division, 7 A.D.2d 717, 181 N.Y.S.2d 165, affirmed the orders and judgment, and the City of New York, Department of Water Supply, Gas and Electricity and others appealed to the Court of Appeals.
Kleeberg & Greenwald, New York City (Jacob Greenwald, New York City, Morton H. Feder, and Bertram S. Bermar, New York City, of counsel), for plaintiffs-respondents.
Judgment affirmed, with costs.
All concur.
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