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COLUMBUS PARK CORP. v. DHPD

80 N.Y.2d 19 (1992)

In the Matter of Columbus Park Corporation, Respondent, v. Department of Housing Preservation and Development of the City of New York et al., Appellants. In the Matter of Bronx Park East Housing Company, Inc., Respondent, v. Richard L. Higgins, as Commissioner of the New York State Division of Housing and Community Renewal, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 2, 1992.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel (William J. Thom, Stephen J. McGrath and Andrea Roschelle of counsel), for appellants in the first above-entitled proceeding.

Marvin Wexler for respondent in the first above-entitled proceeding.

Robert Abrams, Attorney-General (Dennis J. Saffran and Jerry Boone of counsel), for appellants in the second above-entitled proceeding.

Albert A. Walsh, Anthony R. Mansfield, Peter C. Mester and Michael B. Siller for respondent in the second above-entitled proceeding.

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

HANCOCK, JR., J.

Both petitioners (owners) are limited-profit housing companies formed under article II of the Private Housing Finance Law to provide housing for low and moderate income persons and families, commonly known as Mitchell-Lama housing. They seek dissolution so that they may convert to a more profitable form of housing company. The common issue is whether restrictive covenants contained in the parties...

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