FOREST HILLS GARDENS v. NYC


103 Misc.2d 636 (1980)

Forest Hills Gardens Corporation et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

February 29, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Joseph I. Lauer, Marvin B. Mitzner, Ted Finkelstein and Walter H. Boxer of counsel), for City of New York, defendant. Priest & Carson (Paul J. Goodman of counsel), for R.I.P.C. Corporation, plaintiff. Richard H. Stokes for Forest Hills Gardens Corporation, plaintiff. Samuel Kowler, defendant pro se. Carol De Vito, defendant pro se. Leo Wilson, defendant pro se. Robert Abrams, Attorney-General (Melvyn R. Leventhal and Charles Goldstein of counsel), amicus curiae.


ANGELO GRACI, J.

The plaintiffs, R.I.P.C. Corporation and Forest Hills Gardens Corporation, commenced this action for a declaration that they have the right to tow trespassing vehicles from the area of Forest Hills Gardens to a garage facility in Kew Gardens and to impose a charge of $50 per vehicle before returning the car to its owner. In substance they are challenging the applicability to them of section...

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