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GERMAN v. FEDERAL HOME LOAN MORTG. CORP.

No. 93 Civ. 6941 (RWS).

885 F.Supp. 537 (1995)

Jennifer GERMAN and Wellington German, infants by their Mother and Natural Guardian Ana Maritza German, and Ana Maritza German, Individually, Plaintiffs, v. FEDERAL HOME LOAN MORTGAGE CORP., Property Services Company, CAISI Management Company, Inc., 1710 Montgomery Realty Assoc., L.P., and Jerome Deutsch, Defendants.

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

May 8, 1995.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, P.C. by Brian Farrell, John E. Fitzgerald, of counsel, Yonkers, NY, and Bronx Legal Services by Lucy Billings, New York City, for plaintiff.

Siff Rosen, P.C. by William G. Ballaine, Thomas G. Merrill, of counsel, New York City, for defendants Federal Home Loan Mortg. Corp. and CAISI Management Co., Inc. and Harold Beck d/b/a Tebec Management Co.

Wilson, Elser, Moskowitz, Edelman & Dicker by Paul J. Bottari, of counsel, New York City, for New York City Housing Authority.

Weinstein, Chayt & Chase, P.C. by Irwin J. Weinstein, Matthew W. Daus, of counsel, Brooklyn, NY, for defendants 1710 Montgomery Realty Assoc., P.C., Property Services Co., Wittenstein, Wagman and Deutsch.

Paul A. Crotty by Gabriel Taussig, Lisa S.J. Yee, Steven Levi, Terri Feinstein Sasanow, of counsel, Corp. Counsel of City of New York, New York City, for defendant City of New York.

OPINION

SWEET, District Judge.

Plaintiffs have moved for class certification pursuant to Rule 23, Fed.R.Civ.P. Defendants have moved for dismissal and summary judgment on various grounds. For the reasons set forth below, plaintiffs' motion is granted as modified, Defendants' motions are granted in part and denied in part as set forth below.

The Parties

Plaintiff Jennifer German has resided at 1710 Montgomery Avenue (the "Montgomery...

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