MTR. OF LUBKEMEIER v. CITY OF N. Y.


79 Misc.2d 786 (1974)

In the Matter of Walter Lubkemeier, Petitioner, v. City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

September 13, 1974


Attorney(s) appearing for the Case

Siller & Galian for petitioner. Adrian P. Burke, Corporation Counsel (Norman Kopp of counsel), for respondents.


ARNOLD L. FEIN, J.

Petitioner brings this proceeding under CPLR article 78, as a taxpayer, citizen and resident of the City and County of New York, to enjoin respondents from consummating an auction sale of premises 434 West 37th Street, commonly known as the "Alimony Jail".

The gist of petitioner's arguments are: (1) the minimum or upset price at which the property could be sold was fixed at a sum far...

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