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MATTER OF CITY OF NEW YORK

19 A.D.2d 650 (1963)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property for Park Purposes Situated on the Easterly Side of Holton Avenue for an Addition to Wolfe's Pond Park, in The Borough of Richmond. Christine K. Anderson, Appellant

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

June 24, 1963

In our opinion, Special Term should have permitted the claimant to adduce proof that reclamation of a 66-foot strip along the east edge of the pond in suit was feasible. If the claimant should succeed in establishing the feasibility of such reclamation, the award for the taking of her damage parcel would appear to be inadequate with respect to the underwater land and the upland in that area. Even if such reclamation were not feasible, the award would appear to be inadequate...

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