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MTR. OF CITY OF N. Y. (A. & W. REALTY CORP.)

1 N.Y.2d 428 (1956)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property, Bounded by West 100th Street, and Other Streets in the Borough of Manhattan, Required for a Project Known as West Park (Manhattan Town) Clearance Project. A. & W. Realty Corp. et al., Appellants, et al., Claimants.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Samuel Goldstein and Bernard H. Friedman for Marian Maliszewski and others, appellants. Bernard L. Bermant for City Realty Corporation and others, appellants. Sidney Z. Searles, Sidney O. Raphael and William Levin for Murray Lewis and others, appellants. Irwin Isaacs for Joseph H. N. Jones, appellant. William J. Roswick and Harold L. Leddy for Max Siegel and others, appellants. Morris T. Hamburg and Edwin C. Hamburg for Jul-Hy Realty Corp., appellant. Sidney Mormar for Prudent Homes, Inc., appellant. Peter H. Brandt, Hubert J. Brandt and Belle G. Kopel for Albert Stein, appellant. Arthur H. Goldberg for A. & W. Realty Corp., appellant.

Peter Campbell Brown, Corporation Counsel (Milton H. Harris, Harry E. O'Donnell and Benjamin Offner of counsel), for respondent.

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

FULD, J.

In this condemnation proceeding, instituted by the City of New York as part of a slum clearance project under section 72-k of the General Municipal Law and Title I of the National Housing Act of 1949 (63 U. S. Stat. 413), 18 claimants appeal from the order of the Appellate Division reducing the awards made by Special Term. Since the trial court's findings of value were reversed and new findings made,...

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