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MTR. OF PORT AUTH. TRANS-HUDSON CORP.

27 A.D.2d 32 (1966)

In the Matter of The Port Authority Trans-Hudson Corporation, Appellant-Respondent, Relative to Acquiring Title to Real Property in The State of New York and The State of New Jersey for Hudson Tubes Purposes. Hudson & Manhattan Corporation et al., Respondents-Appellants

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

December 30, 1966.

Attorney(s) appearing for the Case

Whitney North Seymour of counsel (John A. Guzzetta, James J. Hagan, Eleanor M. Fox and Nancy M. Clarkson with him on the brief); Simpson Thacher & Bartlett, attorneys; Sidney Goldstein, attorney (Joseph Lesser, Milton H. Pachter and Robert S. Tobin with him on the brief), for appellant-respondent.

David W. Peck of counsel (Theodore N. Tarlau, L. Robert Driver, Jr., John C. Jaqua, Jr. and Michael A. Cooper with him on the brief; Sullivan & Cromwell, attorneys), for respondents-appellants.

Arthur J. Sills, Attorney General (Alan B. Handler and David A. Biederman with him on the brief), for State of New Jersey, intervenor, amicus curiæ.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Julius L. Sackman with him on the brief), for the State of New York, amicus curiæ.

BREITEL, J. P., concurs in the result in an opinion; STEUER, J., concurs in an opinion; RABIN and CAPOZZOLI, JJ., each dissent in part in separate opinions.

STEVENS, J.

These are cross appeals by Port Authority Trans-Hudson Corporation (PATH) and claimants Hudson and Manhattan Corporation (H & M) and Hudson Rapid Tubes Corporation (HRT) from the final decree entered June 13, 1966, in a condemnation proceeding making awards for the Hudson Tubes Railroad and the Hudson Terminal Office Buildings, title to which vested in PATH. H & M is the fee owner of twin 22...

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