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CONGREGATION BETH ISRAEL v. BD. OF ESTIMATE, N. Y. C.

285 A.D. 629 (1955)

Congregation Beth Israel West Side Jewish Center, Respondent, v. Board of Estimate of the City of New York et al., Defendants, and Lincoln Parking Corporation, Appellant

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

April 12, 1955.

Attorney(s) appearing for the Case

Simon H. Rifkind of counsel (J. Jacques Stone and Edward N. Costikyan with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

Paxton Blair of counsel (Raymond J. Horowitz with him on the brief; Paxton Blair, attorney), for respondent.

PECK, P. J., CALLAHAN, BASTOW and RABIN, JJ., concur.

BOTEIN, J.

Defendant Lincoln Parking Corporation (hereinafter called Lincoln) has for more than twenty years maintained an open parking lot, accommodating 350 cars, on the north side of 34th Street between Eighth and Ninth Avenues. The parking lot, until recently, was immediately adjacent to the structure occupied as a synagogue by plaintiff. About two years ago a building was erected on what had been the westerly...

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