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MATTER OF CITY OF NEW YORK

280 A.D. 196 (1952)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Bounded by Morris Park Avenue and Other Streets, in the Borough of The Bronx, Selected as a Site for a New General Hospital and a New Tuberculosis Hospital. Marie Cinelli, Respondent-Appellant

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

May 6, 1952.

Attorney(s) appearing for the Case

Joseph J. Dunn of counsel (Harry E. O'Donnell and Reuben Levy with him on the brief; Denis M. Hurley, Corporation Counsel), for appellant-respondent.

Anthony Romano of counsel (Louis Raybin with him on the brief; Romano & Schenker, attorneys), for respondent-appellant.

DORE, J. P., COHN and VAN VOORHIS, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents and votes to reverse the order and deny the motion, in opinion in which SHIENTAG, J., concurs.

Per Curiam.

The order appealed from does not compel the City of New York to surrender a building condemned for its own use; it holds merely that if the city elects to acquire petitioner's residence as a dwelling for one of the general medical superintendents of the department of hospitals, it cannot avoid paying just compensation for the features of the building which render it useful and suitable for that purpose....

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