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STRATFORD PLACE CORP. v. CAPALINO

No. 82 Civ. 1610 (RLC).

574 F.Supp. 52 (1983)

STRATFORD PLACE CORP. and Solil Management Corp., Plaintiffs, v. James CAPALINO, or his successor in office as Commissioner of General Services of the City of New York, and Edward I. Koch, Harrison J. Goldin, Carol Bellamy, Andrew S. Stein, Stanley Simon, Howard Golden, Donald Manes, and Anthony R. Goeta, or their successors in office, constituting the members of the Board of Estimate of the City of New York, and the City of New York, Defendants.

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

September 21, 1983.

Attorney(s) appearing for the Case

Costigan, Hyman & Hyman, P.C., Garden City, N.Y., for plaintiffs; George B. Costigan, Jr., Dale Allinson, Garden City, N.Y., Harvey Zeichner, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for defendants; Robert Bergen, Susan Wagner, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiffs have brought this action to declare null and void New York City's ("The City") interest in their property and for damages for the defendants' alleged violation of plaintiffs' constitutional rights. Defendants have moved for summary judgment pursuant to Rule 56, F.R.Civ.P., on the grounds that the action is barred by res judicata. The facts and procedural history of this case were treated recently...

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