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MILLER v. CITY OF NEW YORK

15 N.Y.2d 34 (1964)

Miriam Miller et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (William A. Marks, Seymour B. Quel and Saul Moskoff of counsel), for appellants.

David T. Goldstick for respondents.

Judges DYE, VAN VOORHIS and BURKE concur with Chief Judge DESMOND; Judge BERGAN dissents in an opinion in which Judges FULD and SCILEPPI concur.

Chief Judge DESMOND.

New York City's Park Commissioner made an agreement with a private business corporation granting the latter the right to construct on a 30-acre site in a public park in the Borough of Queens a golf-driving range with accessory buildings including a parking lot, shops, etc., and to operate the enterprise on a percentage rental basis for 20 years with certain termination rights reserved to the...

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