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MATTER OF CITY OF N. Y. (E. 5TH ST.)

1 Misc.2d 977 (1955)

In the Matter of the City of New York, Relative to the Closing and Discontinuance of Portion of East 5th Street, in the Borough of Manhattan.

Supreme Court, Special Term, New York County.

November 3, 1955.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Edward A. Weingarten and Simon Weisler of counsel), for City of New York.

Nathan L. Goldstein and Joseph Goldstein for Damage Parcels 1 and 13.

Thomas K. Mahlon for Damage Parcels 2, 9, 14, 17, 18 and 20.

Samuel Goldstein for Damage Parcels 4, 7, 8, 10, 16, 19, 21 and 25.

George Schenker for Damage Parcel 22.

Peter H. Brandt and Hubert J. Brandt for Damage Parcels 3, 5 and 6.

B. L. Bermant for Damage Parcel 24.

A. H. Shirkat for leasehold of Damage Parcel 3.

F. L. Silverman for Damage Parcel 11.

EDER, J.

Here we have presented one of the most elusive problems in the field of condemnation law. It arises as a result of the legal closing of a part of a street, thus producing a dead-end or cul-de-sac street with access only in one direction. The question concerns the right to compensation of an owner whose property fronts on the unobstructed portion of the street.

This proceeding became necessary...

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