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McCAIN v. KOCH

70 N.Y.2d 109 (1987)

Yvonne McCain et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Appellants, Donna Keyes et al., Intervenors-Appellants, Carolyn Lee et al., Proposed Intervenors-Appellants, and Linda James et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Intervenors, v. Edward I. Koch, as Mayor of the City of New York, et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Steven Banks, Kalman Finkel, John E. Kirklin, Scott A. Rosenberg, Helaine Barnett, Arthur J. Fried, Shawn P. Leary and Matthew Diller for appellants, intervenors-appellants and proposed intervenors-appellants.

Samuel J. Silverman, Jay Greenfield, Rachel Pollock, Jan Kleeman and Robert M. Hayes for intervenors.

Peter L. Zimroth, Corporation Counsel (Barry P. Schwartz, Leonard Koerner and Fay Leoussis of counsel), for respondents.

James G. Sweeney, County Attorney, for Orange County and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

This appeal concerns the power of Supreme Court to fashion equitable relief. The sole issue is whether the court has power to issue a preliminary injunction requiring New York City Departments of Social Services (DSS) and Housing, Preservation and Development (HPD), when they have undertaken to provide emergency housing for homeless families with children, to provide housing which satisfies minimum...

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