Society of the Plastics Indus. v. New York, City of
ELR Citation: ELR 20467 No(s). 15225/1971 (N.Y. Sup. Ct. Sep 16, 1971)
New York City ordinance which imposes a 2-cent tax on the sale of plastic containers, in order to promote recycling and to reduce solid waste disposal problem, appears to lack a rational basis for discriminating against plastic, because it does not impose similar taxes on paper, fibre, glass, metal, and other containers mentioned along with plastic in the state enabling law. However, plaintiffs are denied preliminary relief because the damage threatened is not irreversible, and a full trial is scheduled to take place before the tax goes into effect.
Counsel for the Defendant:
J. Lee Rankin
Municipal Building
New York, NY
(212) 566-3929
Counsel for the Plaintiff:
Shea, Gould, Climenko & Kramer
330 Madison Avenue
New York, NY 10017
(212) 661-3200