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Landlords Suing NYS Eviction Pause Get June 24 SDNY Argument But No Restraining Order

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The 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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