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OSSINING ASSOC. v. CITY OF NEW YORK

6 A.D.2d 621 (1958)

Ossining Associates, Inc., Appellant-Respondent, v. City of New York, Respondent-Appellant

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

December 11, 1958.

Attorney(s) appearing for the Case

Lehman, Goldmark & Rohrlich by Jerome L. Abrams of counsel (Arnold R. Krakower, attorney), for appellant-respondent.

Irving Genn of counsel (Harry E. O'Donnell and Benjamin Offner with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondent-appellant.

RABIN J. P., McNALLY and BASTOW, JJ., concur; STEVENS, J., dissents and votes to affirm.

Per Curiam.

Both parties appeal from a judgment dismissing the complaint and counterclaim. The action was brought to recover $75,000 concededly paid by plaintiff's assignor to the city. The latter by its answer asserted a counterclaim alleging damage of $265,000 and seeking judgment for $190,000 after giving plaintiff credit for the sum of $75,000.

The differences of the parties arise from the sale by public...

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