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U.S. v. VILLAGE OF NEW HEMPSTEAD, N.Y.

No. 92 CV 2592 (KMW).

832 F.Supp. 76 (1993)

UNITED STATES of America, Plaintiff, v. VILLAGE OF NEW HEMPSTEAD, NEW YORK, a Municipal Corporation of the County of Rockland and State of New York; Lawrence Dessau, in his official capacity as Mayor of the Village of New Hempstead; Robert Moskowitz, Bruce Stetson, Paul Mundt and Steve Binder, in their official capacities as members of the Board of Trustees of the Village of New Hempstead; William Moriarity, in his official capacity as Code Inspector of the Village of New Hempstead; and Rockland Community Action Council, Inc., a private not-for-profit corporation, Defendants.

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

August 27, 1993.

Attorney(s) appearing for the Case

Joseph W. Lobue, Dept. of Justice, Washington, DC, for plaintiff.

Doris F. Ulman, Village Atty., Village of New Hempstead, Suffern, NY, for defendant Village of New Hempstead.

Theodore R. Snyder, Cynthia Matthews, White & Case, New York City, for defendant Rockland Community Action Council.

MEMORANDUM OPINION AND ORDER

KIMBA M. WOOD, District Judge.

The United States and defendant Rockland Community Action Council, Inc. ("ROCAC") move respectively for summary judgment and partial summary judgment in this action arising from ROCAC's attempt to comply with its lease to settle homeless families on unutilized property belonging to the United States Department of the Army ("the Army"). The Army leased the property to ROCAC pursuant to the Stewart...

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