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

7 N.Y.2d 865 (1959)

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

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Irving Genn, Seymour B. Quel and Benjamin Offner of counsel), for appellant.

Arnold R. Krakower and Jerome L. Abrams for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, FROESSEL, VAN VOORHIS and BURKE. Judge DYE dissents in the following opinion, in which Judge FULD concurs.

Judgment affirmed, with costs.

DYE, J. (dissenting).

I dissent and vote to reverse and to reinstate the judgment of Trial Term. The alleged encroachments under the circumstances were not at all substantial. If we may assume that the objections now raised were valid when the encroachments were first discovered, such defects were curable and were waived by the agreement extending the closing to June 23,...

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