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  5. 19 A.D.2d 44 (1963)
 

MTR. OF CITY OF N. Y. (FAIRFIELD TRUST)

19 A.D.2d 44 (1963)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Required for Water Street and Pearl Street in The Borough of Manhattan. Fairfield County Trust Co., as Executor and Trustee of Harvey H. Watkins, Deceased, et al., Respondents-Appellants; 127-129 Water Street Corp., Respondent; Gillies Coffee Company, Appellant

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

June 13, 1963.

Attorney(s) appearing for the Case

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

Loretta A. Conway of counsel (Matthew J. Tackella with her on the briefs; McLaughlin & Stern, attorneys; Lamb & Lamb, attorneys), for William Katz and another, respondents-appellants, and Gillies Coffee Company, appellant.

Alfred D. Jahr for Seven Fourteen Realty Corp., respondent-appellant.

Bernard L. Bermant of counsel (Skinner, Bermant, Leddy & Raber, attorneys), for 127-129 Water Street Corp., respondent, and 143-149 Water Street Corp., respondent-appellant.

Melville Southard of counsel (De Forest, Elder & Mulreany, attorneys), for New Jersey Zinc Company, respondent-appellant.

Anthony Romano of counsel (Romano & Schenker, attorneys), for Alfred A. Rosenberg and another, respondents-appellants.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur with EAGER, J.; STEUER, J., concurs in result as to leasehold interest, in opinion, in which all concur except as to leasehold interest.

EAGER, J.

I concur in the affirmance of the findings and the awards with respect to damage parcels 13-13A, 19-19A, 31-31A and 32-32A. I concur in the modification of the decree to vacate the awards for damage parcels 22-22A, 36-36A, 39 and 80-80A, and the remanding of the issues on these parcels to Special Term for retrial. I agree that the record is inadequate to support a proper determination with respect to...

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