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SEAWALL ASSOC. v. CITY OF N. Y.

134 Misc.2d 187 (1986)

Seawall Associates, Plaintiff, v. City of New York et al., Defendants. (Action No. 1.) 459 West 43rd Street Corp. et al., Plaintiffs, v. City of New York et al., Defendants. (Action No. 2.) Sutton East Associates — 86 et al., Plaintiffs, v. City of New York et al., Defendants. (Action No. 3.) Anbe Realty Co., Plaintiff, v. City of New York et al., Defendant. (Action No. 4.)

Supreme Court, New York County.

December 22, 1986

Attorney(s) appearing for the Case

Shea & Gould (Sheldon D. Camhy, Kevin B. McGrath, Claudia A. Wagner and George G. Nelson of counsel), and Dershowitz & Eiger, P. C. (Nathan Z. Dershowitz of counsel), for plaintiff in action No. 1. Paskus, Gordon & Mandel (Philip H. Schaeffer, Alan M. Goldston and Jane D. Connolly of counsel), for plaintiffs in action No. 2. Rosenberg & Estis, P. C. (Gary M. Rosenberg, Roger W. Lawrence and Franklin R. Kaimen of counsel), for plaintiffs in action No. 3. Shapiro, Mortman, Schwartz & Greene for plaintiffs in action No. 4. Frederick A. O. Schwarz, Jr., Corporation Counsel (Gabriel Taussig, Albert Fredericks and Phyllis Arnold of counsel), for defendants. Mitchell S. Bernard, Norman Siegel, Robert M. Hayes, Saralee Evans, Wayne Hawley and Olive Karen Stamm, amicus curiae.

DAVID B. SAXE, J.

In America, the obligation to provide for the disadvantaged has been historically borne by private philanthropic societies and religious orders. In the twentieth century, the role of government expanded to include the responsibility for providing care and assistance to those in need.1 In recent years, however, government...

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