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VELAZQUEZ v. THOMPSON

No. 70 Civ. 3146.

321 F.Supp. 34 (1970)

George VELAZQUEZ, Calup Shepard, Marguerita Ramirez, and Ella Delrio DeSapio, on behalf of themselves and all others similarly situated, Plaintiffs, v. Edward THOMPSON, as Administrative Judge of the Civil Court of the City of New York, George Abrams, Fred G. Moritt, and James W. Feely, as Judges of the Civil Court of the City of New York, Min Silberzweig, Sterling Realties, 240 Baltic, Inc., All States Terminal Corp., Leo Georgio, Louis Karp, Herbert Klein, individually and as Marshal of the City of New York, Defendants.

United States District Court, S. D. New York.

September 1, 1970.

Attorney(s) appearing for the Case

Morton P. Cohen, Brooklyn, N. Y., for plaintiffs; Harold J. Pokel, Brooklyn, Gertrude Schwartz, Oscar Chase, New York City, Jane R. Stern, Brooklyn, of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for defendant Thompson; Steven M. Hochberg, Deputy Asst. Atty. Gen., of counsel.

Jacob Silberzweig, Brooklyn, N. Y., for defendant Min. Silberzweig.

OPINION

COOPER, District Judge.

This action challenges the constitutionality of the New York statutory scheme which sets forth the procedure for summary proceedings to recover possession of real property by the landlord for nonpayment of rent. § 732 of the Real Property Actions and Proceedings Law (RPAPL), McKinney's Consol. Laws, c. 81 the heart of the repossession procedure, provides that if a tenant has defaulted in the payment of rent, the landlord...

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