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RESOLUTION TRUST CORP. v. DIAMOND

Nos. 91 Civ. 1361 (RLC), 91 Civ. 1683 (RLC).

801 F.Supp. 1152 (1992)

RESOLUTION TRUST CORPORATION, as receiver of Nassau Savings and Loan Association, F.A., Plaintiff, v. Selma DIAMOND, Ira Kaufman, Jerome Lederer, Peggy Lehman, Susan Solomon Pattullo, Lloyd Ribner, as executor of the estate of Muriel Ribner, deceased, Horace Solomon, Lillian Solomon, Denise Tucker, Angelo Aponte, Commissioner of the Division of Housing and Community Renewal of the State of New York, and Robert Abrams, Attorney General of the State of New York, Defendants. Robert ABRAMS, Attorney General of the State of New York, and New York State Division of Housing and Community Renewal, Plaintiffs, v. RESOLUTION TRUST CORPORATION, Nassau Savings and Loan Association, F.A., Jerome Maron, and Anthony T.S. Conrad, Defendants.

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

August 21, 1992.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, New York City (Frank H. Penski, Vicki L. Safran and Kermitt J. Brooks, of counsel) and Resolution Trust Corp., Washington, D.C. (Gerald L. Jacobs, Richard T. Aboussie and Kevyn D. Orr, of counsel), for Resolution Trust Corp., Jerome Maron, and Anthony T.S. Conrad.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, Atty. pro se and for New York State Div. of Housing and Community Renewal (Frederick K. Mehlman and Karen Smith, Asst. Attys. Gen., of counsel).

Wien, Malkin & Bettex, New York City, for Selma Diamond, Ira Kaufman, Jerome Lederer, Peggy Lehman, Horace Solomon, Lillian Solomon, and Denise Tucker (Robert Machleder, of counsel).

Buchwald & Kaufman, New York City, for Susan Solomon Pattullo (Don D. Buchwald, of counsel).

Behar & Greer, New York City, for Lloyd Ribner, Jr. (Leon I. Behar, of counsel).

ROBERT L. CARTER, District Judge.

At issue in these consolidated actions is whether the Resolution Trust Corporation ("RTC") is empowered by federal statute to evict tenants in RTC-controlled apartments in violation of state rent control, rent stabilization, and securities laws. The RTC contends that its enabling statute contains such authorization, and that contrary state laws are preempted under the Supremacy Clause of the United States Constitution. The Attorney...

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