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MTR. OF CONS. EDISON CO. v. LINDSAY

30 A.D.2d 392 (1968)

In the Matter of Consolidated Edison Company of New York, Inc., Respondent, v. John V. Lindsay et al., Constituting The Board of Estimate of the City of New York, et al., Appellants. (No. 13373.) In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Certain Real Property Bounded by Union Avenue and Other Streets, as a Site for Public School 161, in The Borough of The Bronx. Consolidated Edison Company of New York, Inc., Appellant. (No. 13374.)

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

July 16, 1968.

Attorney(s) appearing for the Case

Morris Einhorn of counsel (Morris Handel with him on the brief; J. Lee Rankin, Corporation Counsel), for appellants and respondent.

Joy Tannian of counsel (John M. Keegan, attorney), for respondent and appellant.

EAGER, STEUER and MACKEN, JJ., concur with STEVENS, J. P.; TILZER J., dissents in opinions.

STEVENS, J. P.

These appeals, while factually distinguishable, involve a common question of law and for convenience will be discussed together.

With respect to Appeal No. 13373, on or about November 2, 1964, an order was entered condemning certain real property under title B of chapter 15 of the Administrative Code of the City of New York for a contemplated urban renewal project. The land so taken involved...

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