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BRYANT AVE. TENANTS' ASS'N v. KOCH

71 N.Y.2d 856 (1988)

Bryant Avenue Tenants' Association et al., Respondents, v. Edward I. Koch, as Mayor of the City of New York, et al., Appellants, New York City Rent Stabilization Association, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 24, 1988.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Elizabeth I. Freedman and Francis F. Caputo of counsel), for Edward I. Koch, as Mayor of the City of New York and others, appellants.

Iris J. Korman and Dennis Hasher for Division of Housing and Community Renewal and others, appellants.

Jonathan J. Silbermann and Steven DiJoseph for J.F.I.B. Realty Corp. and another, appellants.

Andrew Scherer, Scott A. Rosenberg and John E. Kirklin for plaintiffs-respondents.

New York City Rent Stabilization Association, respondent, precluded.

Andrea T. Novick and Michael R. Finder for Franz S. Leichter and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., BELLACOSA and DILLON concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

The motions of defendants to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]) were properly denied. The courts below correctly concluded that the complaint sufficiently pleads a cause of action under the Civil Rights Act (42 USC § 1983). Because...

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