REALTY ASSOCS., INC. v. CITY OF NEW YORK


1 A.D.2d 1049 (1956)

Realty Associates, Inc., et al., Appellants, v. City of New York, Respondent

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

May 28, 1956


Judgment reversed on the law, without costs, and new trial granted for the limited purpose of determining and awarding the amount of damages, if any, sustained by appellants by reason of the fill on the westerly portion of the property.

It was properly found that respondent was authorized to fill, as it did, the easterly portion of the property. Respondent, however, had no authority to do so with respect to the westerly portion and any finding inconsistent herewith...

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