Lubkemeier v. City of New York

Petitioner brings this proceeding under CPLR article 78, as a taxpayer, citizen and resident of the City and County of New York, to enjoin respondents from consummating an auction sale of premises 434 West 37th Street, commonly known as the “ Alimony Jail ”.

The gist of petitioner’s .arguments are: (1) the minimum or upset price at which the property could be sold was fixed at a sum far less than its actual value; (2) no hearings were held to permit members of the public to express their views, as to the advisability of the proposed sale; (3) inadequate public notice was given of the Board of…