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KAUFMAN v. CITY OF NEW YORK

No. 88 Civ. 5124 (RJW).

717 F.Supp. 84 (1989)

Melvyn KAUFMAN, 77 Water Street, Inc., 77 Water Street Associates, 127 John Street Fee Associates, 127 John Street Associates, 437 Madison Avenue Fee Associates, and 437 Madison Avenue Associates, Plaintiffs, v. The CITY OF NEW YORK, the Environmental Control Board of the City of New York, Edward I. Koch, in his capacity as mayor of the City of New York, Harvey W. Schultz, in his capacity as Commissioner of the Department of Environmental Protection, and Charles M. Smith, Jr., in his capacity as Commissioner of the Department of Buildings, Defendants.

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

May 24, 1989.

Attorney(s) appearing for the Case

Shea & Gould, New York City (Milton S. Gould, Robert J. Ward, Jonathan M. Landsman, of counsel), for plaintiffs.

Corporation Counsel for City of New York, New York City (Gabriel Taussig, Albert G. Fredericks, Julian Bazel, Asst. Corp. Counsel, of counsel), for defendants.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs have challenged the laws and regulations enacted and administered by defendants regarding asbestos removal or encapsulation during building alteration, renovation, or demolition work on the grounds that these laws and regulations, inter alia, violate substantive due process, procedural due process and constitute a taking without just compensation under the Fifth and Fourteenth Amendments to the United...

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