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MILSTEIN v. CITY OF NEW YORK

No. 85 Civ. 4121 (RLC).

629 F.Supp. 97 (1985)

Paul MILSTEIN, individually and as a partner of Mart Associates, and Mart Associates, Plaintiffs, v. The CITY OF NEW YORK, Edward I. Koch, as Mayor of the City of New York, Charles M. Smith, as Commissioner of Buildings of the City of New York, Herbert Sturz, as Chairman of the New York City Planning Commission, Steven Spinola, as President of the New York City Public Development Corporation, and Paul A. Crotty, as Commissioner of Finance of the City of New York, Defendants.

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

January 31, 1985.

Attorney(s) appearing for the Case

Scoppetta & Seiff, New York City (Nicholas Scoppetta and Carolyn H. Henneman, of counsel), for plaintiffs.

Frederick A.O. Schwarz, Jr., Corp. Counsel of City of New York, New York City (Gabriel Taussig, Virginia Waters and Lawrence P. Kolker, of counsel), for defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiffs' voluminous amended complaint alleges that "defendants' concerted actions, under color of state law," seek to deprive them of property and due process rights by "refusing to issue permits to which plaintiffs are entitled as a matter of state law and precluding plaintiffs from obtaining future and further permits to which they are or will become entitled under state law, undermining and depriving plaintiffs...

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