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

16 A.D.2d 570 (1962)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property for 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 28, 1962.

Attorney(s) appearing for the Case

Irving Genn of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for appellant.

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

Matthew J. Tackella of counsel (Loretta A. Conway with him on the brief; Lamb & Lamb, attorneys), for Constantino Di Tullio, respondent.

BOTEIN, P. J., McNALLY and BERGAN, JJ., concur with BREITEL, J.; RABIN, J., dissents in part in opinion.

BREITEL, J.

The city appeals from awards in condemnation after a second trial, the results on the first trial having been reversed by this court and a new trial ordered (8 A.D.2d 365, opinion by McNALLY, J., dissenting opinion by RABIN, J. P.). The awards allowed on the second trial are substantially the same as upon the first. The city urges that the awards are excessive,...

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