SIDBERRY v. KOCH

No. 82 Civ. 344(MP).

539 F.Supp. 413 (1982)

Rosa SIDBERRY, 1017 Trinity Avenue., Tenants Association, Idis Rota, 1175 Clay Avenue Tenants Association, Juanita Sanchez, 444 West 167th St. Tenants Association, Frank Pomerico, 67 Hansen Place Tenants Association, and the Union of City Tenants, Plaintiffs, v. Edward I. KOCH, as Mayor of the City of New York, et al., Defendants.

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

May 14, 1982.


Attorney(s) appearing for the Case

Bronx Legal Services Corp. by Andrew A. Scherer, New York City and Diane Morrison, Community Action for Legal Services, Inc. by Lucy Billings, New York City, for plaintiffs.

Frederick A. O. Schwarz, Jr., Corp. Counsel for City of New York by Jeffrey Schanback, and Steven M. Kaplan, New York City, for defendants.


OPINION

MILTON POLLACK, District Judge.

The plaintiffs have moved for a preliminary injunction to restrain the defendants from putting into effect rent increases imposed upon the plaintiffs pursuant to the City's rent restructuring program for in rem housing.1 Defendants have cross-moved for dismissal of the complaint under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) or for summary judgment dismissing the complaint under Fed.R...

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