Legal Opinion

Brody v. Moan

District Court, S.D. New York

Decided November 22, 1982No. 82 Civ. 6983-CSHPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this action against the City of New York and four of its Commissioners individually and in their official capacities, plaintiffs, joint stockholders of the plaintiff corporation, seek to enjoin the City from evicting them from commercial property which they lease and operate as a parking garage. Jurisdiction is alleged under 42 U.S.C. §§ 1983, 4601, and 1441, and 28 U.S.C. § 1343. Defendants cross move to dismiss the complaint. For the reasons stated, I deny an injunction and dismiss the complaint.

FACTS

Plaintiffs Harvey Brody and Isadore…

2Cases cited26 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  5. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976

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3Cited by3 opinions

  1. I.S.J. Management Corp. v. Delancy Clothing Inc.Civil Court of the City of New York · 1990
  2. Bayside Enterprises, Inc. v. HansonDistrict Court, D. Maine · 1987
  3. Pownall El v. S. RealtyDistrict Court, S.D. New York · 2024

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