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MATTER OF CITY OF NEW YORK (GILLEN PLACE)

304 N.Y. 215 (1952)

In the Matter of The City of New York, Appellant and Respondent, Relative to Acquiring Title to Gillen Place, from Bushwick to Jamaica Avenues, in the Borough of Brooklyn. Brooklyn Union Gas Company, Respondent and Appellant; Consolidated Edison Company of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1952

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Reuben Levy, Harry E. O'Donnell, Samuel K. Handel and William A. Marks of counsel), for City of New York, appellant and respondent.

Jackson A. Dykman, Augustus J. Wheeler and Herman Meltzer for Brooklyn Union Gas Company, respondent and appellant.

John M. Keegan, Earl G. Clarke and John D. Gray for Consolidated Edison Company of New York, Inc., respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion in which DESMOND, J., concurs.

FROESSEL, J.

The City of New York brought this proceeding under title E of chapter 15 of the Administrative Code of that city, entitled "STREET CLOSING CONDEMNATION PROCEDURE", pursuant to resolution of the board of estimate, for ascertainment and payment of compensation to owners of property affected or taken by virtue of the closing and discontinuance of Gillen Place, a street in Brooklyn. Claims were filed...

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