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FRIARTON ESTATES CORP. v. CITY OF NEW YORK

No. 873, Docket 81-7781.

681 F.2d 150 (1982)

FRIARTON ESTATES CORP., Bwit Fifty-Fifth Street, Inc., and Mid-Central Properties, Ltd., Plaintiffs-Appellees, v. The CITY OF NEW YORK, Philip R. Michael, as Commissioner of Finance of the City of New York, and Tax Commission of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 7, 1982.

Attorney(s) appearing for the Case

Richard A. Givens, New York City (Botein, Hays, Sklar & Herzberg, Gina Schachter, Roger F. Bloom and Margaret Serena Oppel, New York City, of counsel), for plaintiffs-appellees.

Morris Einhorn, New York City (Frederick A. O. Schwarz, Jr., Corp. Counsel of the City of New York, Leonard Koerner, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellants.

Before FRIENDLY and NEWMAN, Circuit Judges, and CURTIN, District Judge.

FRIENDLY, Circuit Judge:

The City of New York, its Commissioner of Finance, and the Tax Commission of the City of New York (sometimes hereafter referred to collectively as "the City") appeal pursuant to 28 U.S.C. § 1292(a)(1) from an order in this action under 42 U.S.C. § 1983 granting a preliminary injunction against the City's taking title to properties pursuant to a New York state court judgment based on plaintiffs' failure to pay sewer rents, water charges...

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