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  5. 733 F.Supp. 735 (1990)
 

BROADWAY 41ST STREET REALTY v. NYS URBAN DEV.

No. 89 Civ. 3213 (PKL).

733 F.Supp. 735 (1990)

BROADWAY 41ST STREET REALTY CORP. and Rosenthal & Rosenthal Inc., Plaintiffs, v. The NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Vincent Tese, as Chairman of the New York State Urban Development Corporation, The City of New York, Edward I. Koch, as Mayor of the City of New York, and Times Square Center Associates, Defendants.

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

March 29, 1990.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae (Jacob Friedlander, Jonathan E. Polonsky and Lynn A. Dummett, of counsel), and Norman Dorsen, New York City, for plaintiffs.

Dewey, Ballantine, Bushby, Palmer & Wood (Eric J. Lobenfeld, Saul P. Morgenstern, Elizabeth M. Guggenheimer, Karen A. Estilo, of counsel), Berle, Kass & Case (Stephen L. Kass, Jean M. McCarroll, Deborah Goldberg, of counsel), and New York State Urban Development Corp. (Valerie Caproni and Joseph Petillo, of counsel), New York City, for defendants New York State Urban Development Corp. and Vincent Tese.

Peter L. Zimroth, Corp. Counsel for City of New York (Robert J. Pfeffer and Susan M. Shapiro, of counsel), New York City, for defendants City of New York and Edward I. Koch.

Kaye, Scholer, Fierman, Hays & Handler (Jo Davis and Darrell M. Joseph, of counsel), New York City, for defendant, Times Square Center Associates.

ORDER AND OPINION

LEISURE, District Judge:

Plaintiffs Broadway 41st Street Realty Corporation ("Broadway 41st") and Rosenthal & Rosenthal Inc. ("Rosenthal") brought suit for damages and injunctive relief against certain public and private entities engaged in the 42nd Street Development Project (the "Project"). The amended complaint alleges that defendants have effected a de facto taking of plaintiffs' property, have conducted a conspiracy to mislead...

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