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MTR. OF CITY OF N. Y. (EXPRESSWAY)

9 N.Y.2d 439 (1961)

In the Matter of the City of New York, Respondent-Appellant, Relative to Acquiring Title to Real Property Required for Clearview Expressway. Morton Pickman et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Irwin Pakula, Maurice C. Greenberg and Gerson Pakula for appellants-respondents.

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

Chief Judge DESMOND and Judges FULD, FROESSEL and VAN VOORHIS concur with Judge FOSTER; Judges DYE and BURKE dissent and vote to affirm.

FOSTER, J.

Claimants Pickman appeal from an order of the Appellate Division, Second Department, which modified an award in condemnation, as fixed by the Supreme Court at Special Term by increasing the same from $710,310 to $750,000. The trial court wrote no opinion, and neither did the Appellate Division except to say: "The awards were lower than any of the appraisals in the record. Upon all of the circumstances...

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