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MATTER OF PORT OF N. Y. AUTH.

12 A.D.2d 18 (1960)

In the Matter of The Port of New York Authority, Respondent, Relative to Acquiring Title to Real Property in the Borough of Manhattan, City, County and State of New York, for Approaches, Additions and Improvements to the George Washington Bridge. Adsan Realty Corp., Appellant; Howard A. Newman et al., Respondents

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

December 6, 1960.

Attorney(s) appearing for the Case

George Bergen of counsel (Morris Eder and Harold L. Leddy with him on the brief; Skinner & Bermant, Leddy & Raber, attorneys), for appellant.

Samuel R. Schneider for Howard A. Newman, respondent.

Morris A. Sidikman for Mutual Holding Corp., respondent.

Alexander Jacobson for Montgomery Coal & Coke Co., Inc., and another, respondents.

Kessler & Kessler for Muriel S. Kessler, respondent.

Sidney Goldstein for Port of New York Authority, respondent.

BOTEIN, P. J., BREITEL, RABIN, McNALLY and EAGER, JJ., concur.

Per Curiam.

In this condemnation proceeding, Adsan Realty Corp., as fee owner, seeks payment to it of an award made for Damage Parcel No. 13. The Mutual Holding Corp. (along with creditors of Mutual claiming derivatively through it) opposed such payment claiming an interest in the award by virtue of an agreement made with Adsan. This agreement provided for the conveyance of the property from Mutual to Adsan with an...

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