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MORILLO v. CITY OF NEW YORK

178 A.D.2d 7 (1992)

Jacqueline Morillo et al., Respondents-Appellants, and Lucille Anderson et al., Proposed Intervenors-Respondents-Appellants, v. City of New York et al., Appellants-Respondents

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

March 26, 1992

Attorney(s) appearing for the Case

Elizabeth Dvorkin of counsel (Francis F. Caputo with her on the brief; O. Peter Sherwood, Corporation Counsel, attorney), for appellants-respondents.

Sandra R. Farber of counsel (Karen M. Cole, Michael Kink, Patricia Gelfond, D. Stuart Meiklejohn, John E. Kirklin, David M. Cohen and Miriam Cardozo with her on the brief; Jane E. Booth, Collin D. Bull and Lynn M. Kelly, Marshall Green and Sullivan & Cromwell, attorneys), for respondents-appellants and proposed intervenors-respondents-appellants.

CARRO, J. P., dissents in a separate opinion.

ROSS, J.

The primary issue presented by this appeal is whether certain occupants of New York City owned in rem apartment buildings have any property interest in those apartments, entitling them to special procedures before the City can move to evict them.

In the spring 1990, Mr. Richard S. Heitler (Commissioner Heitler), Assistant Commissioner, Division of Property Management, Department of Housing Preservation...

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