In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Required for Park Row Slum Clearance Project Within the Area Bounded by Park Row and Other Streets, in the Borough of Manhattan. Marguerite H. Walsh et al., Respondents; Joseph Ragone et al., Respondents-Appellants; Robert Kommel, Inc., et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 22, 1963.
January 22, 1963.
Attorney(s) appearing for the Case
Myron Kommel of counsel (Theodore J. Zimmerman with him on the brief; Romano & Schenker, attorneys), for Kommel, Inc., appellant.
Milton H. Harris of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for appellant-respondent.
Francis X. Walsh for Marguerite H. Walsh and others, respondents.
George Bergen of counsel (Morris Eder and Harold L. Leddy with him on the brief; Skinner & Bermant, Leddy & Raber, attorneys), for Jean Duboff, respondent.
David Silberman of counsel (Samuel H. Grant with him on the brief; Silberman & Grant, attorneys), for Chinatown Garage-Park Row Corp., respondent.
Salvatore Viscardi of counsel (Merritt T. Viscardi with him on the brief; Viscardi & Viscardi, attorneys), for Joseph Ragone and others, respondents-appellants.
Anthony Romano of counsel (Paul G. Schenker with him on the brief; Romano & Schenker, attorneys), for Joseph Bellamy and others, respondents-appellants.
BOTEIN P. J., VALENTE and McNALLY, JJ., concur in Per Curiam opinion; STEUER, J., dissents in part in opinion; EAGER, J., concurs in result in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
Per Curiam.
At issue here are appeals and cross appeals from awards in condemnation as to five parcels used in whole or in part as parking lots, (Damage Parcels [hereinafter "D. P."] 17-18, 39, 53-54, 56 and 57) and two building awards (D. P. 40 and 60).
The decree involved is the third partial and final decree of the Supreme Court, New York County, dated November 1, 1960, incident to a "Title 1" proceeding...
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