HOSEY v. CLUB VAN CORTLANDT

No. 68-Civ. 4498.

299 F.Supp. 501 (1969)

Andrew HOSEY, Plaintiff, v. CLUB VAN CORTLANDT and John J. Hallohan, Defendants.

United States District Court S. D. New York.

March 24, 1969.


Attorney(s) appearing for the Case

Harold J. Rothwax, New York City, Director, Mobilization for Youth Legal Services Unit, for plaintiff; by Lester Evens, Jonathan Weiss, and Michael B. Rosen, New York City, of counsel.

Nathaniel Borah, New York City, for defendants; by Lawrence S. Borah, New York City, of counsel.


CROAKE, District Judge.

MEMORANDUM

Andrew Hosey, a tenant in a residential hotel, brings this action to enjoin the hotel and its manager from instituting a summary proceeding to evict him. He has placed two interesting questions before this court on a motion for a preliminary injunction. May a state court constitutionally evict a hold-over tenant when the landlord seeks the eviction in retaliation for the tenant's attempts to organize his co-tenants to complain...

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