COLON v. TOMPKINS SQUARE NEIGHBORS, INC.

No. 68 Civ. 1401.

294 F.Supp. 134 (1968)

Rosalyn COLON et al., Plaintiffs, v. TOMPKINS SQUARE NEIGHBORS, INC., et al., Defendants.

United States District Court S. D. New York.

September 24, 1968.


Attorney(s) appearing for the Case

Harold J. Rothwax, New York City, for plaintiffs; Nancy E. LeBlanc, Michael B. Rosen, New York City, of counsel.

Szold, Brandwen, Meyers & Altman, New York City, for defendants; Daniel M. Sandomire, Joseph Z. Epstein, New York City, of counsel.

J. Lee Rankin, New York City, for co-defendant; Joachim Titolo, Jamaica, and Judah Dick, New York City, of counsel.


OPINION

TENNEY, District Judge.

This is a motion by defendants for an order dismissing the complaint herein for the following reasons: (1) that plaintiffs, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, have failed to state a claim upon which relief can be granted; (2) that this Court lacks jurisdiction under 42 U.S.C. § 1983; and (3) that primary jurisdiction over the within cause of action lies with the appropriate administrative...

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