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MATTER OF CITY OF NEW YORK (BROOKLYN-QUEENS HWY.)

300 N.Y. 265 (1949)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for The Brooklyn-Queens Connecting Highway and Parks and Park Additions in the Borough of Brooklyn, City of New York. New York Dock Company, Appellant. New York Dock Company, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Martin A. Schenck, Kenneth W. Greenawalt, Edwin Guest and Philip S. Agar for appellant in proceeding.

John P. McGrath, Corporation Counsel (Harry E. O'Donnell, Reuben Levy, Benjamin Offner and Bernard H. Friedman of counsel), for respondent in proceeding.

John P. McGrath, Corporation Counsel (Harry E. O'Donnell, Reuben Levy, Benjamin Offner and Bernard H. Friedman of counsel), for appellant in action.

Kenneth W. Greenawalt, Martin A. Schenck and Philip S. Agar for respondent in action.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and BROMLEY, JJ., concur.

FULD, J.

The City of New York in 1946 instituted condemnation proceedings in the Supreme Court of the State of New York, Kings County, seeking to acquire real property on the east side of Furman Street in Brooklyn. This property was needed for the construction of a link in the Brooklyn-Queens Connecting Highway which, at this point, is elevated and cantilevered over the bed of Furman Street. The New York Dock...

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