MATTER OF CITY OF NEW YORK


23 A.D.2d 687 (1965)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extending of 122nd Street, in The Borough of Queens. Jacob Sharnack et al., Appellants

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

March 22, 1965


Decree, insofar as appealed from, reversed on the law and the facts, with costs, and an award of $14,350 is made to claimants for each of the damage parcels 4 and 5. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein.

The award for the parcels should be on a full fee basis. They were not burdened with any easement. The fact that the proposed street and avenue were laid out in a city topographical map, in...

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