MATTER OF CITY OF N. Y. (HARLEM RIV. DR. — COOGAN)


307 N.Y. 447 (1954)

In the Matter of The City of New York, Relative to Acquiring Title to Real Property Required for Harlem River Drive from West 155th Street to 8th Avenue, etc., in the Borough of Manhattan. Jay Coogan et al., Appellants; Alfred J. Bohlinger, Superintendent of Insurance of The State of New York, as Liquidator of New York Title and Mortgage Company, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1954


Attorney(s) appearing for the Case

Samuel Ross Ballin and Timothy N. Pfeiffer for appellants.

Julius B. Sucher for respondent.

LEWIS, Ch. J., FROESSEL and VAN VOORHIS, JJ., concur with DYE, J.; DESMOND, J., dissents in an opinion in which FULD, J., concurs; CONWAY, J., taking no part.


DYE, J.

In this condemnation proceeding instituted by the City of New York to acquire title to certain lands necessary for Harlem River Drive, so-called, the claimants, Jay Coogan, Gardiner Coogan and Sarah Jessie Coogan appeal by permission of this court from an order of the Appellate Division, First Department, which unanimously affirmed an order of the Supreme Court, New York County, adjudicating that claimant-respondent...

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