MTR. OF CITY OF N. Y. (COOGAN)


26 A.D.2d 372 (1966)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Bounded by West 155th Street and Other Streets in the Borough of Manhattan Required for Polo Grounds Area Project. W. Gordon Coogan et al., Respondents-Appellants; National Exhibition Company, Respondent

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

November 17, 1966.


Attorney(s) appearing for the Case

Milton H. Harris of counsel (Seymour B. Quel with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant-respondent.

Henry L. King and Robert I. Millonzi of counsel (Davis Polk Wardwell Sunderland & Kiendl; Joseph T. Arenson; Diebold & Millonzi; Philip G. Reilly, attorneys), for respondents-appellants.

David W. Peck of counsel (Henry N. Ess, III, Loretta A. Conway, Cornelius B. Prior, Jr., and Roger L. Waldman with him on the brief; Sullivan & Cromwell, attorneys), for respondent.

BOTEIN, P. J., and STEUER, J., concur in Per Curiam opinion; RABIN and McNALLY, JJ., dissent in part in separate opinions.


Per Curiam.

This appeal involves awards for the taking by eminent domain of the property known as the Polo Grounds. The subject property is familiar to practically every local inhabitant of mature years as the former home of the Giants. It consists of a stadium with adjacent parking lots, the whole comprising some 17½ acres — a plot practically unique as to size on the island of Manhattan. Other features...

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