GOODSTEIN CONSTR v. GLIEDMAN


117 A.D.2d 170 (1986)

In the Matter of Goodstein Construction Corp., Dic-Underhill Industries and Milstein Properties, a Joint Venture, Respondent, v. Anthony Gliedman, as Commissioner of The New York City Department of Housing Preservation and Development, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 1986


Attorney(s) appearing for the Case

June A. Witterschein of counsel (Jeffrey Schanback and Leonard Koerner with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

Charles G. Moerdler of counsel (Mark E. Klein and Elizabeth A. Mullins with him on the brief; Stroock & Stroock & Lavan, attorneys), for respondent.

SANDLER, J. P., concurs in an opinion in which ROSS, J., concurs; FEIN, J., concurs in a separate opinion in which ROSS, J., concurs; ELLERIN, J., dissents in an opinion in which KASSAL, J., concurs.


Interlocutory order of the Supreme Court, New York County (Stanley S. Ostrau, J.), entered on January 4, 1985, which granted petitioner's application to the extent of directing a trial on the question of whether appellants acted arbitrarily in making a determination to de-designate petitioner as developer of the Washington Street Renewal Area, reversed, on the law, without costs, to strike the direction for a trial and dismiss the...

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