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MEHTA v. SURLES

No. 89 Civ. 3697 (GLG).

720 F.Supp. 324 (1989)

Dinesh MEHTA and Pravina Mehta, Plaintiffs, v. Richard C. SURLES as Commissioner of the Office of Mental Health of the State of New York, The State of New York and Futura House Foundation, Inc., Defendants.

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

August 29, 1989.

Attorney(s) appearing for the Case

Rose and Koerner (Ronald J. Koerner, of counsel), Brooklyn, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen., State of N.Y. (Robert L. Schonfeld, of counsel), New York City, for defendants Richard C. Surles and the State of N.Y.

Campbell, McMillan, Bosco, Penzel, Danzig & Maker (William Maker, Jr., of counsel), New Rochelle, N.Y., for defendant Futura House Foundation, Inc.

OPINION

GOETTEL, District Judge:

Although we are all too familiar with the attitude embodied in the acronym "NIMBY" ("Not In My BackYard"), this case presents an unusual scenario more appropriately called "NIMDY" ("Not In My DrivewaY"). The plaintiffs, Dinesh and Pravina Mehta, are the owners in fee of premises located at 367 Old Army Road, Scarsdale, New York. Their property shares a common driveway with the adjacent premises located at 371 Old Army Road...

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