| Landlords Suing NYS Eviction
Pause Get June 24 SDNY Argument But No
Restraining Order
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
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Source
SDNY COURTHOUSE,
June 5 – After New York State
Governor Andrew Cuomo issued
an Executive Order suspending
some eviction cases,
Westchester County based
landlord Elmsforth Apartment
Associates, LLC filed a
Constitutional lawsuit in the
U.S. District Court for the
Southern District of New York.
Some time later
they sought a Temporary
Restraining Order.
The case
was assigned to SDNY Chief
Judge Colleen McMahon who held
a proceeding on June 5. Inner
City Press covered it.
Chief Judge
McMahon started by saying she
would not be issuing a
Temporary Restraining Order,
asks why the landlords waited
4 weeks. Judge McMahon
suggested converting the
motion for a TRO into a motion
for summary judgment.
The
landlords' lawyer Mark A.
Guterman said fine. So did
Governor Cuomo's lawyer
Matthew Conrad.
Judge McMahon said, Good. I'll
get to actually dispose of a
case... Are you making any
kind of commercial speech
argument?
Guterman
answered, It's not contained
in the papers, no.
Judge
McMahon said, I understand
some NYS court have been
reopened this week. Any change
to your case?
Guterman
said, Not on its face. Inner
City Press
Judge
McMahon concluded, I was
hoping we could do argument in
the week of June 22. I'll be
in the courthouse. Wednesday
the 24th, 10 am. We should be
in Phase 1 by then. Here's
hoping.
The case is
Elmsford Apartment Associates,
LLC et al. v. Cuomo,
20-cv-4062 (McMahon).
***
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