39 A.D.2d 678 | N.Y. App. Div. | 1972
Order, Supreme Court, Bronx County, entered on or about June 21, 1971, reversed and vacated, on the law, without costs and without disbursements, defendant’s motion for an order dismissing plaintiffs’ complaint granted, plaintiffs’ cross motion denied and the complaint dismissed. The allegations of the complaint fail to set forth a justiciable controversy entitling the plaintiffs to any relief by way of a declaratory judgment or' otherwise; nor do the allegations show that the plaintiffs are entitled to any relief in a proceeding maintained as an article 78 proceeding. The maintenance and management by the City of New York of the public market at Hunts Point, replacing the Washington Street Market, are proper municipal functions and the power and control of the use and renting of space in the same have been properly vested in the Economic Development Administration of the city. (See General City Law, § 20, subd. 7; Agriculture and Markets Law, §§ 261, 263, 266, 269, 271; New York City Charter, ch. 56 as added by Local Law, No. 23, of the Local Laws of 1968; Executive Order of the Mayor, No. 74 of April 29, 1968.) The plaintiffs fail to demon