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SACHETTI v. BLAIR

No. 80 Civ. 5604.

536 F.Supp. 636 (1982)

Louis SACHETTI, Lena Sachetti, Vramit Tejapaibul, Barry L. Mendelson, Sherry Mendelson, Sidney Weinberger and Celia Weinberger, Plaintiffs, v. G. Norman BLAIR, Mary Carlson, Warner Pyne, Jr., Anton Schramm and Paul Kalos, in their capacities as the duly appointed members of the Planning Board of the Town of Mamaroneck, New York, William J. Paonessa, in his capacity as duly appointed Town Building and Plumbing Inspector of the Town of Mamaroneck, New York, George R. Morrow, Jr., in his capacity as the duly appointed Clerk of the County of Westchester, New York, and Windsor Realty Corporation (Westchester Heights), Defendants.

United States District Court, S. D. New York.

April 9, 1982.

Attorney(s) appearing for the Case

Barry L. Mendelson, Sidney Weinberger, pro se and for plaintiffs.

Campbell & Hyman by Charles A. Brooks, New Rochelle, N. Y., for defendant Windsor Realty Corp.

James J. Johnston, Larchmont, N. Y., for defendant officials of Town of Mamaroneck.

Samuel S. Yasgur, Westchester County Atty., White Plains, N. Y., for defendant George R. Morrow, Jr.

OPINION

GRIESA, District Judge.

On May 28, 1981 the court granted defendants' motion to dismiss this case. The ground was the res judicata effect of a decision in the state Supreme Court in an Article 78 proceeding.

Subsequently, plaintiffs moved for reargument. The contention was that the ruling of May 28, 1981 involved an improper application of Allen v. McCurry, 449 U.S. 90

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