MTR. OF CITY OF N. Y. (JAMES ST.)


50 Misc.2d 414 (1966)

In the Matter of the City of New York, Relative to Acquiring Title to Real Property from James Street to Other Streets in the Borough of Manhattan.

Supreme Court, Special Term, New York County.

May 20, 1966


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Robert D. Joyce of counsel), for City of New York. Demov & Morris (Eugene J. Morris of counsel), for New York Life Ins. Co., objectant.


JOSEPH A. SARAFITE, J.

This is a hearing on objections to a tentative decree fixing the award in this proceeding.

The major issue which the objectant raises is whether or not Matter of City of New York (E. 42d St. El. R. R.) (265 N.Y. 170 [1934]) is applicable to this proceeding. That holding (known as the Spur case) — as noted in the original decision of this court (

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