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GART v. COLE

166 F.Supp. 129 (1958)

William GART, Ada Bass, Harry Myers, Sophie Bergman, George Kay, d/b/a Loric Press, William Loebner, Howdibon Garage Co., Inc., Schuckman Press, Inc., 145-147 W. 61st Corporation, individually and on behalf of all others similarly situated, Plaintiffs, v. Albert M. COLE, as Administrator, Federal Housing and Home Finance Agency; Walter S. Fried, as Regional Administrator, Region 1, Federal Housing and Home Finance Agency; City of New York, Robert F. Wagner, individually and as Mayor of the City of New York and a member of the Board of Estimate; Abe Stark, individually and as President of the City Council of the City of New York and a member of the Board of Estimate; Hulan E. Jack, individually and as President of the Borough of Manhattan, City of New York, and a member of the Board of Estimate; James J. Lyon, individually and as President of the Borough of Bronx, City of New York, and a member of the Board of Estimate; John Cashmore, individually and as President of the Borough of Brooklyn, City of New York, and a member of the Board of Estimate; James J. Crisona, individually and as President of the Borough of Queens, City of New York, and a member of the Board of Estimate; Albert V. Maniscalco, individually and as President of the Borough of Richmond, City of New York, and a member of the Board of Estimate; Robert Moses, individually and as Chairman of the Committee on Slum Clearance of the City of New York; Fordham University; Lincoln Center For The Performing Arts, Inc.; and Webb & Knapp Lincoln Square Corporation, Defendants.

United States District Court S. D. New York.

August 5, 1958.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Friedman, Harris L. Present, New York City, for plaintiffs. David I. Shapiro, Washington, D. C., Arthur J. Galligan, New York City, of counsel.

Arthur H. Christy, U. S. Atty., for Southern Dist. of New York, New York City, for defendants Albert M. Cole and Walter S. Fried. Morton S. Robson, Asst. U. S. Atty., New York City, of counsel.

Peter Campbell Brown, Corp. Counsel, New York City, for City of New York and others, defendants. Leo A. Larkin, Pauline K. Berger, Benjamin Offner, Anthony Curreri, New York City, of counsel.

Saxe, Bacon & O'Shea, New York City, for defendant Fordham University. Edward D. Burns, Porter R. Chandler, William R. Meagher and Martin Fogelman, New York City, of counsel.

Milbank, Tweed, Hope & Hadley, New York City, for defendant Lincoln Center for the Performing Arts, Inc., William Eldred Jackson, George H. Bailey, New York City, of counsel.

Rosenman, Goldmark, Colin & Kaye, New York City, for defendant Webb & Knapp Lincoln Square Corp.

DIMOCK, District Judge.

This is a class action brought by and on behalf of real property owners and residential and business tenants in a neighborhood of the City of New York known as the Lincoln Square Project area. Plaintiffs face eviction as a result of a slum clearance and urban renewal project in the area.

Title I of the Housing Act of 1949, 63 Stat. 414, 42 U.S.C. § 1450 et seq., authorizes the Administrator of the Federal Housing and Home Finance...

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