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MATTER OF CITY OF NEW YORK

28 A.D.2d 658 (1967)

In the Matter of City of New York, Acting For and On Behalf of The New York City Housing Authority, Appellant-Respondent, Relative to Acquiring Title To Real Property Within the Area bounded by Dyre Avenue and Other Streets, in the Borough of The Bronx, Duly Selected as a Site for a Federally-Aided Public Housing Project Known as Boston-Secor Houses. Peninnah E. Rusciano et al., Respondents-Appellants

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

June 13, 1967

Final decree unanimously modified, on the law and on the facts, by reducing the awards for Damage Parcels 1, 11, 9 and 20 as indicated below, and as so modified affirmed, with $50 costs and disbursements to the City of New York against the claimants-respondents-appellants.

We agree with the finding of the Special Term that none of the sales submitted by both sides is comparable with the subject property. We note further the trial court's comment regarding the "gross...

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