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MATTER OF WEST 58TH STREET COALITION, INC. v. CITY OF NEW YORK

No. 33

37 N.Y.3d 949 (2021)

170 N.E.3d 446

147 N.Y.S.3d 571

2021 NY Slip Op 03346

In the Matter of WEST 58TH STREET COALITION, INC., et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents, and NEW HAMPTON, LLC, et al., Appellants-Respondents.

Court of Appeals of New York.

Decided May 27, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York City ( Barbara Graves-Poller , Richard Dearing , and Devin Slack of counsel), for City of New York and others, appellants-respondents.

Law Offices of Nathan M. Ferst, New York City ( Nathan M. Ferst of counsel), for New Hampton, LLC and others, appellants-respondents.

Rivkin Radler LLP, New York City ( Jeremy B. Honig , Erez Glambosky , Cheryl F. Korman , and Henry M. Marcia of counsel), for West 58th Street Coalition, Inc. and others, respondents-appellants.

Proskauer Rose LLP, New York City ( Michael A. Cardozo , Matthew J. Morris , Brittany N. Benavidez , and Peter Fishkind of counsel), for Coalition for the Homeless, Inc., amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified in accordance with this memorandum, with costs to respondents, as so modified affirmed, and certified question answered in the negative.

In 2018, the City of New York published a notice of its intention to contract with a nonprofit services and housing provider to open a homeless shelter for approximately 150 employed...

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