FOREST HILLS RESIDENTS v. N. Y. C. HOUS. AUTH.


39 A.D.2d 64 (1972)

Forest Hills Residents Association, Inc., Respondent, v. New York City Housing Authority et al., Appellants. (Action No. 1.) Anita Margulis et al., Respondents, v. John V. Lindsay, Individually, and as Mayor of the City of New York, et al., Appellants. (Action No. 2.) In the Matter of Herbert J. Miller, Respondent, v. Simeon Golar, as Chairman of The New York City Housing Authority, et al., Appellants. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 4, 1972.


Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Norman Redlich, Stanley Buchsbaum and Eli Uncyk with him on the brief; J. Lee Rankin, Corporation Counsel), for John V. Lindsay, individually and as Mayor of the City of New York, appellant.

Otto M. Bonaparte (I. Stanley Stein, Gerald Davis, Edward L. Johnson and Jeanne Hollingsworth with him on the brief), attorney for Simeon Golar, individually and as Chairman of the New York City Housing Authority, appellant.

Donald Zimmerman of counsel (Finley, Kumble, Underberg, Persky, Roth & Grutman, attorneys), for respondents.

Franklin E. Tretter of counsel (Tretter & Tretter, attorneys), for Citizens Housing and Planning Council of New York, Inc., amicus curiae.

James I. Meyerson (Nathaniel R. Jones and Charles R. Carter with him on the brief), attorney for National Association for the Advancement of Colored People, amicus curiae.

Herbert Kahn (Elliot M. Abramson and Robert Cammer with him on the brief), attorney for Queens Council for Better Housing and Community Development and another, amici curiae.

NUNEZ, J. P., KUPFERMAN, MURPHY, STEUER and EAGER, JJ., concur.


Per Curiam.

In this taxpayers' action, defendants have appealed from an order and judgment which granted the individual plaintiff's motion for summary judgment in her favor (on the second cause of action) declaring that the conduct of defendants in proceeding with the construction of a public housing project in Forest Hills, Queens, in its present form, is illegal, and enjoining defendants from continuing with the project...

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