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ABN 51ST STREET PARTNERS v. CITY OF NEW YORK

No. 87 Civ. 6135 (RPP).

724 F.Supp. 1142 (1989)

ABN 51ST STREET PARTNERS, Plaintiff, v. The CITY OF NEW YORK, Charles M. Smith, Jr., Commissioner of Buildings of the City of New York, George C. Sakona, Manhattan Borough Superintendent of the Department of Buildings of The City of New York, Paul Crotty, Commissioner of the Department of Housing Preservation and Development of the City of New York, Mel Sokal, Director of the Clinton Neighborhood Preservation Office of the Department of Housing Preservation and Development of The City of New York, Defendants, and The Clinton Planning Council, Inc., the Clinton Coalition of Concern, Inc., Elizabeth F. Hopper, Blanca Revilla, Douglas G. Hatcher, and Vincent DeAgresta, Defendants-Intervenors.

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

November 15, 1989.

Attorney(s) appearing for the Case

Graubard Mollen Dannett & Horowitz, Gary Mayerson, Marianne Bretton-Granatoor, New York City, for plaintiff.

Peter L. Zimroth, Corp. Counsel of the City of New York, Albert Fredericks, Asst. Corp. Counsel, New York City, for defendant.

New York Lawyers for the Public Interest, Inc., Marla G. Simpson, Herbert Semmel, New York City, for defendants-intervenors.

Susan J. Sokal, David Weinraub, New York City, Housing Conservation Coordinators, Inc.

Senior Citizen Law Office, Oscar S. Strauss, III, New York City, BLS Legal Services Corp.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge:

This is a facial challenge to the validity of Article IX, Chapter 6, Sections 96-109 and 96-110 (the Ordinance) of the New York City Zoning Resolution. The plaintiff, ABN 51st Street Partners, owns property subject to the Ordinance. Plaintiff challenges the Ordinance on federal constitutional and state law grounds. The defendants are New York City and various housing administrators in their official...

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