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HEESE v. DeMATTEIS DEVELOPMENT CORP.

No. 73 Civ. 1266.

417 F.Supp. 864 (1976)

William HEESE et al., Plaintiffs, v. DeMATTEIS DEVELOPMENT CORP. et al., Defendants.

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

July 15, 1976.

Attorney(s) appearing for the Case

Richard Weinberger, Garbarini, Scher & De Cicco, New York City, for plaintiffs.

W. Bernard Richland by Charles Olstein, Corp. Counsel, New York City, for defendant Housing and Development Administration of the City of New York.

Michael R. Treaner, Madden, Plunkett, Wetzel & Scott, New York City, James A. Treanor, III, Dow, Lohnes & Albertson, Washington, D. C., for defendants DeMatteis Development Corp., Leon DeMatteis & Sons, Inc., Apartment Development and Management, Inc., Frederick DeMatteis and Alfonso L. DeMatteis as Co-executors of the estate of Leon D. DeMatteis, Frederick DeMatteis, Alfonso L. DeMatteis & Seymour Deutsch.

OPINION AND ORDER

PIERCE, District Judge.

This is a civil action brought by the plaintiffs on behalf of a class of all of the original residents of a middle-income cooperative housing development consisting of one 20-story apartment house comprised of 351 apartment units. The apartment house, known as Scott Tower [hereinafter, the project], is located in the Borough of the Bronx in the City and State of New York. The complaint alleges that the project was...

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