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DENIHAN ENTERS. v. O'DWYER

277 A.D. 407 (1950)

Denihan Enterprises, Inc., Appellant, v. William O'Dwyer et al., Constituting The Board of Estimate of the City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1950.

Attorney(s) appearing for the Case

Raymond J. McGrover for appellant.

Reuben Levy of counsel (Harry E. O'Donnell, Bernard H. Friedman and Janet H. Lewin with him on the brief; John P. McGrath, Corporation Counsel), for respondents.

Harry H. Chambers of counsel (Chambers & Chambers attorneys), for Abraham B. Cox and others, amici curiæ.

Francis X. Conlon (Sidney C. Raphael with him on the brief; Raphael & Conlon attorneys), for Shamrock Cleaners, Inc., amicus curiæ.

PECK, P. J., GLENNON, CALLAHAN and VAN VOORHIS, JJ., concur; SHIENTAG, J., concurs in the result.

Per Curiam.

This matter comes before us on the sufficiency of the complaint and the issue is the legality of a contract between the City of New York and the New York Life Insurance Company relating to the condemnation of real property between 64th and 65th Streets and 2nd and 3rd Avenues in the borough of Manhattan. The proposed condemnation would be under section 72-j of the General Municipal Law, which allows a municipal...

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