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All American Crane Service Inc. v. Omran

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 13, 2009

ALL AMERICAN CRANE SERVICE INC., ET AL., PLAINTIFFS-RESPONDENTS,
v.
ASHRAF OMRAN, ETC., ET AL., DEFENDANTS-APPELLANTS.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 2, 2008, which granted a preliminary injunction against enforcing a law limiting crane operators with Class C1 licenses to "single control station" cranes, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Moskowitz, Renwick, JJ.

108032/08

The recent enactment (Local Law No. 33 [2007]) of the new City Construction Codes (title 28, Administrative Code of the City of New York), effective July 1, 2008, contains a provision governing operator licenses for hoisting machines. Section 28-405.2(3) limits crane operators with Class C1 licenses to the operation of cranes with a single control station. A legislative enactment normally carries with it a strong presumption of constitutionality and is presumed to be supported by facts known to the legislative body. However, plaintiffs have demonstrated a likelihood of success on the merits of their constitutional challenge to this provision, irreparable injury absent injunctive protection, and a balancing of the equities in their favor (see Karabatos v Hagopian, 39 AD3d 930 [2007]). A preliminary injunction against enforcement of the provision in question was thus warranted, based on the evidence adduced at the hearing.

The injunction sought is prohibitory in nature and merely serves to preserve the status quo pending a full hearing on the merits (see 360 W. 11th LLC v ACG Credit Co. II, LLC, 46 AD3d 367 [2007]). On the other hand, failure to enforce the provision immediately will not result in an imminent threat to the public safety. To the contrary, maintaining the injunction will simply permit plaintiffs and others who own dual-cab cranes with load capacities of 50 tons or less to continue operating them under their existing Class C1 licenses.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090113

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