SEAWALL ASSOCS v. CITY OF NY


142 A.D.2d 72 (1988)

Seawall Associates et al., Respondents, and 459 West 43rd Street Corp. et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents, and Richard Wilkerson et al., Intervenors-Appellants. (Action No. 1.) Eastern Pork Products Company et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents. (Action No. 2.) Testamentum, Respondent, v. City of New York et al., Defendants-Appellants. (Action No. 3.)

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

December 1, 1988


Attorney(s) appearing for the Case

Nathan Dershowitz of counsel (Sheldon D. Camhy and George G. Nelson with him on the brief; Dershowitz & Eiger, P. C., and Shea & Gould, attorneys), for Seawall Associates, respondent.

Marvin L. Schwartz of counsel (Shapiro & Schwartz, attorneys), for Anbe Realty Co., respondent.

Philip H. Schaeffer of counsel (Jane D. Connolly and Steven Mairella with him on the brief; White & Case, attorneys), for 459 West 43rd Street Corp. and another, respondents-appellants in actions Nos. 1 and 2.

Gary M. Rosenberg of counsel (Franklin R. Kaiman and Theresa J. Hecker with him on the brief; Rosenberg & Estis, P. C., attorneys), for Sutton East Associates-86 and another, respondents-appellants.

Elizabeth Dvorkin (Leonard Koerner with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for City of New York, appellants-respondents in actions Nos. 1 and 2 and defendants-appellants in action No. 3.

Saralee E. Evans of counsel (Norman Siegel, Wayne G. Hawley and Anne R. Teicher with her on the brief), for Richard Wilkerson and others, intervenors-appellants.

Virginia Shubert of counsel (Robert M. Hayes and Mitchell S. Bernard with her on the brief), for Coalition for the Homeless, intervenor-appellant.

Edmund J. Burns of counsel (Maria Scorcia with him on the brief; Burns, Kennedy, Schilling & O'Shea, attorneys), for Testamentum, respondent.

Carol S. Keenan of counsel (Ruben Klein, P. C., and Ronald A. Zumbrun, Edward J. Connor, Jr., and Timothy A. Bittle, attorneys), for Pacific Legal Foundation, amicus curiae.

CARRO, ASCH and ELLERIN, JJ., concur.


ROSS, J. P.

The issue in these consolidated actions is whether Local Laws, 1987, No. 9 of the City of New York, which was approved March 5, 1987 and which, inter alia, provides for a five-year moratorium on the demolition or conversion of single-room occupancy housing, is constitutional.

For more than 10 years, the governmental officials of the City of...

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