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509 SIXTH AVE. CORP. v. N. Y. C. TR. AUTH.

15 N.Y.2d 48 (1964)

509 Sixth Avenue Corp., Appellant, v. New York City Transit Authority et al., Respondents.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Jerrold Morgulas and Albert Foreman for appellant.

Abraham Satran, Sidney Brandes and Helen R. Cassidy for New York City Transit Authority, respondent.

Leo A. Larkin, Corporation Counsel (Benjamin Offner and Seymour B. Quel of counsel), for City of New York, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN concur.

SCILEPPI, J.

Plaintiff brought this action to recover damages sustained as a result of defendant's alleged trespass. The complaint, served on July 20, 1960, alleged that plaintiff was the owner of certain premises known as 509/511 Avenue of the Americas (6th Avenue) and 103/105 West 13th Street, in the Borough of Manhattan, City of New York. Plaintiff commenced construction of a 16-story apartment building on...

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