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MATTER OF CITY OF NEW YORK

16 N.Y.2d 979 (1965)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property, Within the Block Bounded by West 134th Street, and Other Streets in the Borough of Manhattan, as a Site for Public School 92, and Recreational Purposes. Rogil Realty Corp., Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Lucille E. Chance and Paul L. Klein for appellant.

Leo A. Larkin, Corporation Counsel (Milton H. Harris and Seymour B. Quel of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, BURKE and SCILEPPI. Judges FULD, VAN VOORHIS and BERGAN dissent and vote to reverse in the following memorandum.

MEMORANDUM:

In this condemnation proceeding the Appellate Division affirmed the trial court in the case of all damage parcels except 16-17, and with respect to them approved the land value of $12,000 as found by Special Term but found that the building was worth $9,000 instead of $15,000 as found by the trial court. This meant that the final order of the Appellate Division determined the total value to be $21,000 instead...

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