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MATTER OF CITY OF N. Y. (MARSHALL)

8 A.D.2d 365 (1959)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property Adjacent to Throgs Neck Expressway in the Borough of The Bronx. Robert P. Marshall et al., Respondents

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

June 30, 1959.

Attorney(s) appearing for the Case

Irving Genn of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for appellant.

Monroe Goldwater of counsel (Leon Liner with him on the brief. Goldwater & Flynn, attorneys), for Robert P. Marshall, respondent.

Charles Lamb of counsel (Matthew J. Tackella with him on the brief; Rocco L. Moles, attorney), for Constantino Di Tullio, respondent.

VALENTE, and BERGAN, JJ., concur with McNALLY, J; RABIN, J. P., dissents in opinion, in which M. M. FRANK, J., concurs.

McNALLY, J.

In this condemnation proceeding, appellant appeals from a second separate and partial final decree of the Supreme Court, County of Bronx, entered May 5, 1958, insofar as it makes an award of $296,350 for damage parcels 322, 323 and 324, and an award of $75,900 for damage parcel 654.

The sole issue is the quantum of the awards.

Appellant contends that the awards are grossly excessive...

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