MILLER v. SILBERMANN

No. 89 Civ. 3573 (SWK).

832 F.Supp. 663 (1993)

John MILLER, Kings Heights Associates, Linda Bloom, Michael Laub, Gunilla Knutson, Mann Realty Associates, 22-24 Elliot Associates Ltd., and Carol Management Corporation, on behalf of themselves and a class consisting of all others similarly situated, and the Rent Stabilization Association of N.Y.C., Inc., Plaintiffs, v. Jacqueline W. SILBERMANN, individually and as Administrative Judge of The New York City Civil Court, Israel Rubin, individually and as former Administrative Judge of the New York City Civil Court, Albert Rosenblatt, individually and as former Chief Administrative Judge of the Unified Court System, Matthew T. Crosson, individually and as Chief Administrator of the Courts, Milton L. Williams, individually and as Deputy Chief Administrative Judge for the New York City Courts, Jack Baer, individually and as Chief Clerk of the New York City Civil Court, Sol Wachtler, individually and as former Chief Judge of the Unified Court System, Richard D. Simons, individually and as Acting Chief Judge of the Unified Court System, various Judges of the New York City Civil Court, and various administrative officers denominated as "Judges" of the Housing Part of Civil Court, Defendants.

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

September 13, 1993.


Attorney(s) appearing for the Case

Law Offices of Jay Goldberg, P.C. and Michael G. Berger, New York City by Jay Goldberg, Michael G. Berger, for plaintiffs.

Office of Court Admin., New York City by Michael Colodner, John Eiseman, for defendants Judge Jacqueline W. Silbermann, Judge Israel Rubin, Judge Albert Rosenblatt, Matthew T. Crosson, Judge Milton L. Williams, Jack Baer, Judge Sol Wachtler, and Chief Judge Richard D. Simons.

Kalman Finkel, Attorney-In-Charge, Legal Aid Soc., Civil Appeals and Law Reform Unit, New York City by Jane E. Booth, Scott A. Rosenberg, Sandra R. Farber, Jean T. Schneider, Acting Attorney-In-Charge, Legal Aid Soc., New York City by Mitchell Pratt, Amanda Moretti, Douglass J. Seidman, Attorney-In-Charge, Legal Aid Soc., New York City by Dennis Boyd, Collin D. Bull, Attorney-In-Charge, Legal Aid Soc., New York City by April Newbauer, Marshall Green, Attorney-In-Charge, Legal Aid Soc., Bronx Neighborhood Office, Bronx, NY, by Beatrice Dohrn, Helen Frieder, John T. McManus, Attorney-In-Charge, Legal Aid Soc., Rockaway Neighborhood Office, Far Rockaway, NY by Tracy Haas, David W. Weschler, Attorney-In-Charge, Legal Aid Soc., Community Law Offices, New York City by Catharine A. Grad, for proposed intervenor-defendant 588 Park Place Tenants Ass'n.

Legal Services for New York City, New York City by Andrew Scherer, David Robinson, John C. Gray, Jr., Brooklyn Legal Services, Corp. B, Brooklyn, NY by Russell Engler, Raun Rasmussen, Edward Josephson, MFY Legal Services, Inc., New York City by Steven Meyers, Susan M. Cohen, Northern Manhattan Imp. Corp., New York City by Kenneth Rosenfeld, for proposed intervenor-defendant City-Wide Task Force on Housing Court.

Finder, Novick, Kerrigan & Anderson, New York City by Andrea Novick, for proposed intervenor-defendant Metropolitan Counsel on Housing.


MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this civil rights action, brought pursuant to 42 U.S.C. § 1983, owners of leased residential property in New York City and the Rent Stabilization Association, a landlord trade organization (collectively, the "Landlords"), allege that the Civil Court of the City of New York and its Housing Part (the "Housing Court") have deprived the Landlords of their constitutional rights. Specifically, the...

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