MATTER OF CITY OF NEW YORK


17 N.Y.2d 769 (1966)

In the Matter of the City of New York, Respondent-Appellant, Acting for and on Behalf of the New York City Housing Authority, Relative to Acquiring Title to Real Property within the Area Bounded by West 152nd Street, and Other Streets, in the Borough of Manhattan, Duly Selected as a Site for a Federally-Aided Public Housing Project Known as Harlem River Houses II; New Colonial Ice Co., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1966.


Attorney(s) appearing for the Case

John P. McGrath, Jeremiah M. Evarts and Gerard C. Fallon for appellant-respondent.

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

Concur: Chief Judge DESMOND and Judges FULD, SCILEPPI and BERGAN. Judges VAN VOORHIS, BURKE and KEATING dissent in part and vote to modify the order of the Appellate Division by reinstating Special Term's finding as to economic depreciation upon the ground that it is supported by the weight of the evidence.


Order affirmed, without costs...

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