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PARK AVE. TOWER ASSOCIATES v. CITY OF NEW YORK

No. 1145, Docket 84-7128.

746 F.2d 135 (1984)

PARK AVENUE TOWER ASSOCIATES and 40 Eastco, Plaintiffs-Appellants, v. The CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 12, 1984.

Attorney(s) appearing for the Case

Peter M. Fishbein, New York City (Gerald Sobel, Maris Veidemanis, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for plaintiffs-appellants.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City (Leonard Koerner, Ronald E. Sternberg, Albert G. Fredericks, Michael S. Adler, New York City, of counsel), for defendant-appellee.

Before KEARSE, PIERCE and SWYGERT, Circuit Judges.

PIERCE, Circuit Judge:

Appeal from a judgment of the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, entered February 10, 1984, granting summary judgment on behalf of the City of New York ("the City") and dismissing the complaint. Plaintiffs alleged in their complaint that certain zoning changes adopted by the City deprived them of a "reasonable return" on their investments in several properties and, therefore...

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