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64TH ST. RESIDENCES v. CITY OF NEW YORK

4 N.Y.2d 268 (1958)

64th St. Residences, Inc., et al., Appellants, v. City of New York et al., Respondents, and Fordham University et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Harris L. Present for appellants.

Peter Campbell Brown, Corporation Counsel (Anthony Curreri, Leo A. Larkin, Pauline K. Berger and Benjamin Offner of counsel), for respondents.

Porter R. Chandler, Edward D. Burns, William R. Meagher, Charles F. McGuire and John B. Coleman, Jr., for Fordham University, intervenor-respondent.

William Eldred Jackson and Rebecca M. Cutler for Lincoln Center for the Performing Arts, Inc., intervenor-respondent.

Samuel I. Rosenman, Max Freund, Jerome L. Sindler and Lawrence B. Buttenwieser for Webb & Knapp Lincoln Square Corporation, intervenor-respondent.

Eugene J. Morris and Matthew J. Domber for Lincoln Guild Housing Corporation, amicus curiæ, in support of respondents' position.

Sanford L. Schamus and Elliott J. Sachs for West Side Chamber of Commerce of the City of New York, Inc., amicus curiæ, in support of respondents' position.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

Plaintiffs are owners and tenants of real property in the so-called "Lincoln Square Project" area on the west side of Manhattan running from 60th Street to 70th Street, bounded on the east and west by various streets and consisting altogether of 13 city blocks. Beginning in 1954, by appropriate actions of various of its public officers and bodies, the city, as authorized by section 1 of article XVIII...

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