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  5. 18 N.Y.2d 212 (1966)
 

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

18 N.Y.2d 212 (1966)

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., et al., Appellants-Respondents. (Consolidated Proceedings.)

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Milton S. Gould, Roy M. Cohn, Bernard D. Fischman, Michael Leschnitzer, Stuart Silfen and Frank Polestino for appellants-respondents.

J. Lee Rankin, Corporation Counsel (Morris Handel, Morris Einhorn and Milton H. Harris of counsel), for respondent-appellant.

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

BURKE, J.

The only issue presented on this appeal which calls for a modification is the reliance of the courts below on erroneous principles of law regarding the evaluation of the condemnees' intangible property. The theory relied upon is unrealistic, resulting in the denial of the just compensation to which claimants are entitled under the Constitution. The present...

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