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MATTER OF CITY OF NEW YORK

13 N.Y.2d 700 (1963)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for Throgs Neck Expressway in the Borough of The Bronx. Robert P. Marshall et al., Appellants.

Court of Appeals of the State of New York.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Monroe Goldwater, James L. Goldwater and Leon Liner for Robert P. Marshall, appellant.

Matthew J. Tackella and Loretta A. Conway for Constantino Di Tullio, appellant.

Leo A. Larkin, Corporation Counsel (Irving Genn and Seymour B. Quel of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Order reversed and the decree of Special Term, dated June 7, 1961, reinstated as to damage parcel No. 324 (Matter of Port of N. Y. Auth. [Lincoln Tunnel], 2 N.Y.2d 296 [1957]; Matter of City of New York [Woodrow Wilson Houses], 8 N.Y.2d 824, 827 [1960]) and as to damage parcel No. 654, with costs in this court and in the Appellate Division to claimants, and a new trial granted as to damage...

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