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MATTER OF CITY OF N. Y. (BROOKLYN-BATTERY T. PLAZA)

300 N.Y. 331 (1950)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Brooklyn-Battery Tunnel Plaza, etc., in the Borough of Manhattan. 890 Broadway Corporation, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1950

Attorney(s) appearing for the Case

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

Nathan L. Goldstein for respondent.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

In this condemnation proceeding, the City of New York has appealed from an order of the Appellate Division which modified on the law and the facts an order whereby Special Term awarded damages for two parcels of land therein designated as Damage Parcels Nos. 84 and 87. These parcels are contiguously situated in lower Manhattan and were taken by the city for use as part of the Brooklyn-Battery...

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