MATTER OF CITY OF NEW YORK


8 N.Y.2d 824 (1960)

In the Matter of the City of New York, Respondent, on Behalf of the New York City Housing Authority, Relative to Acquiring Title to Real Property Located within the Block Bounded by Franklin D. Roosevelt Drive, and Other Streets in the Borough of Manhattan, City of New York, for a New York State-Aided Low Rent Public Housing Project Known as Woodrow Wilson Houses. Eugene Gandolfo et al., Appellants.

Court of Appeals of the State of New York.

Decided May 19, 1960.


Attorney(s) appearing for the Case

Samuel Goldstein, Daniel J. Pinsky, Bernard H. Friedman and Arthur D. Goldstein for Eugene Gandolfo et al., appellants.

Walter R. Gelles, Leffert Holz and Bernard M. Kaufman for Labette Realty Corporation, appellant.

George Bergen, Morris Eder and Harold L. Leddy for Issy Monashefsky, appellant.

David I. Shivitz for Ryma Corporation, appellant.

James J. Chambers for Therlian Realty Corporation, appellant.

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

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Dissent: Judges DYE and BURKE.


Order of the Appellate Division modified with respect to damage parcels Nos. 2, 7 and 9 and the decree of Special Term reinstated as to said parcels, with costs to each of said claimants in this court and in the Appellate Division, upon the ground that the weight of evidence more nearly supports the determination of Special Term with respect to those parcels and, as so modified, the order is in all other respects affirmed, with one...

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