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ROSENTHAL & ROSENTHAL INC. v. N.Y. STATE URBAN DEV. CORP.

No. 84 Civ. 7229 (CBM).

605 F.Supp. 612 (1985)

ROSENTHAL & ROSENTHAL INC. and Broadway 41st Street Realty Corporation, Plaintiffs, v. The NEW YORK STATE URBAN DEVELOPMENT CORPORATION; the Times Square Redevelopment Corporation; William J. Stern as Chairman and President of both the Urban Development Corporation and the Times Square Redevelopment Corporation; Mario M. Cuomo as Governor of the State of New York; the City of New York; Edward I. Koch as Mayor of the City of New York; Park Tower Realty Corporation; and George E. Klein, Defendants.

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

January 8, 1985.

Attorney(s) appearing for the Case

LeBoeuf Lamb Leiby & MacRae by Jacob Friedlander, New York City, Norman Dorsen, New York City, for plaintiffs.

Leahey & Johnson, P.C. by Peter James Johnson, New York City, for defendants N.Y.S. Urban Development Corp., Times Square Redevelopment Corp., and Stern.

Robert Abrams, Atty. Gen. of the State of N.Y. by Barrie L. Goldstein, Asst. Atty. Gen., New York City, for defendant Cuomo.

Frederick A. O. Schwartz, Jr., Corp. Counsel by Gary Schuller, New York City, for defendants Koch and City of New York.

Shea & Gould by Dean G. Yuzek, New York City, for defendants Park Tower and Klein.

OPINION

MOTLEY, Chief Judge.

Plaintiffs, owner and lessee of an office building located on the corner of 41st Street and Broadway in Manhattan, sue to enjoin condemnation of their building to make way for the proposed Forty-Second Street Development Project. Plaintiffs allege that the proposed taking of their building is neither for nor rationally related to a public purpose, and therefore amounts to an unconstitutional...

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