MTR. OF CITY OF N. Y. (5TH AVE. COACH)


23 A.D.2d 463 (1965)

In the Matter of The City of New York, Respondent-Appellant, Relative to Acquiring Title to Property in the Boroughs of Manhattan and Queens. Fifth Avenue Coach Lines, Inc., Appellant-Respondent. (Four Proceedings.) In the Matter of The City of New York, Respondent-Appellant, Relative to Acquiring Title to Property in the Boroughs of Manhattan and The Bronx. Surface Transit, Inc., Appellant-Respondent. (Two Proceedings.)

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

July 22, 1965.


Attorney(s) appearing for the Case

Morris Handel of counsel (Milton H. Harris and Morris Einhorn with him on the brief; Leo A. Larkin, Corporation Counsel), for respondent-appellant.

Milton S. Gould of counsel (Roy M. Cohn, Michael Leschnitzer, Stephen Hochhauser, Frank S. Polestino and William N. Binderman with him on the brief; Saxe Bacon & Bolan and Shea Gallop Climenko & Gould, attorneys), for appellants-respondents.

BOTEIN, P. J., VALENTE, STEVENS and EAGER, JJ., concur in Per Curiam opinion; RABIN, J., dissents in opinion.


Per Curiam.

In these consolidated condemnation proceedings appeals have been taken from the third and fourth separate and partial final decrees, by Fifth Avenue Coach Lines, Inc. and Surface Transit, Inc., respectively, and by the City of New York. We affirm in substantial reliance on the comprehensive and forward-looking opinion of Mr. Justice HECHT at Special Term.

Various and complex problems of valuation...

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