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POTTER v. ATARIEN

7693/2010.

31 Misc.3d 846 (2011)

918 N.Y.S.2d 869

KUMIKO POTTER, Plaintiff, v. JOSEPH P. ATARIEN et al., Defendants.

Supreme Court, Queens County.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Sonya M. Kaloyanides and James E. Bayley , New York City, for John B. Rhea, defendant.

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers ( Steven Lesh of counsel), for Joseph P. Atarien and others, defendants.

Queens Legal Services, Jamaica ( Maurice E. Muir of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

Defendant John P. Rhea, the Chairperson of the New York City Housing Authority (NYCHA), has moved for an order pursuant to CPLR 3211 (a) (7), dismissing the complaint against him for failure to state a cause of action.

Section 8 of the United States Housing Act of 1937 (42 USC § 1437f), added in 1974, authorizes assistance payments "[f]or the purpose of aiding lower-income families in obtaining a decent...

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