MTR. OF WAXENBAUM v. SEWARD PARK CORP.


24 Misc.2d 35 (1960)

In the Matter of Sam Waxenbaum, Petitioner, v. Seward Park Housing Corporation et al., Respondents.

Supreme Court, Special Term, New York County.

April 13, 1960.


Attorney(s) appearing for the Case

Fieldman & Breslauer for petitioner. Szold, Brandwen, Meyers & Blumberg (Milton Altman of counsel), for Seward Park Housing Corporation, respondent. Charles H. Tenney, Corporation Counsel (Harry E. O'Donnell and Alfred Selter of counsel), for Robert Moses, respondent.


WILLIAM C. HECHT, JR., J.

Petitioner brings this mandamus proceeding to compel respondents to grant him a preference in obtaining an apartment in the Seward Park Housing Project.

The claim is based upon a provision in the contract between the City of New York and the owners of the project which provides: "Tenants on the site of this project shall, without discrimination, * * * be given preference in the completed project, provided such tenants...

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