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MTR. OF CITY OF NEW YORK (JAMES ST.)

21 N.Y.2d 293 (1967)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property from James Street to Other Streets in the Borough of Manhattan. New York Life Insurance Company, Intervenor-Appellant; Gramercy 20th St. Corp. et al., Intervenors.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Eugene J. Morris, Edward V. Loughlin and Robert D. Levin for intervenor-appellant.

J. Lee Rankin, Corporation Counsel (Milton H. Harris and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge BURKE dissents and votes to reverse in a separate opinion.

KEATING, J.

The City of New York petitioned Special Term to fix the amount of compensation due to it arising out of the condemnation of the elevated railroad structure on Third Avenue (hereafter the "El"). The statute under which the condemnation proceeding was brought (L. 1955, ch. 657) provides that the local area of benefit may be assessed the cost of acquiring and removing the El.

In this condemnation...

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