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CHOY v. FARRAGUT GARDENS

131 F.Supp. 609 (1955)

James CHOY, Herman Rappaport, Jennie Tumberg, Harry Jackman and Paul Jarvis, Plaintiffs, v. FARRAGUT GARDENS 1, Inc., Farragut Gardens 2, Inc., Farragut Gardens 3, Inc., Farragut Gardens 4, Inc., Farragut Gardens 5, Inc., and Federal Housing Administration, Alexander P. Hirsch, Henry Hirsch, Louis Benedex and Morris Kavy and Nostrand Realty Corporation, and Martin H. Benedex, Defendants.

United States District Court S. D. New York.

May 10, 1955.

Attorney(s) appearing for the Case

Joseph A. D'Addario, New York City, for plaintiffs.

Sylvan D. Freeman, Brooklyn, N. Y. for defendants Farragut Gardens 1-5, Inc. and Morris Kavey.

J. Edward Lumbard U. S. Atty., New York City, for defendant Federal Housing Administration, Robert K. Ruskin, New Rochelle, Morton S. Robson, New York City, of counsel.

WEINFELD, District Judge.

This is a class action brought by and on behalf of the tenants of five apartment houses constituting one project known as Vanderveer Estates. In short, their claim is that the project was excessively financed resulting in so-called "windfall" profits to the owners and excessive rentals to the tenants.

The action is brought against the Federal Housing Administration (referred to hereafter as FHA) which issued a mortgage insurance commitment...

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