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MTR. OF CITY OF N. Y. (FIFTH AVE. COACH LINES)

22 N.Y.2d 613 (1968)

In the Matter of the City of New York, Respondent-Appellant, Relative to Acquiring Title to Property in the Borough of Manhattan. Fifth Avenue Coach Lines, Inc., et al., Appellants-Respondents. (And Four Other Proceedings.)

Court of Appeals of the State of New York.

Decided October 10, 1968.

Attorney(s) appearing for the Case

Roy M. Cohn, Milton S. Gould, Herbert Brownell, Bernard D. Fischman, Michael Lesch, Wendell Davis, Jr., and Frank S. Polestino for appellants-respondents.

J. Lee Rankin, Corporation Counsel (Morris Handel and Morris Einhorn of counsel), for respondent-appellant.

Chief Judge FULD and Judges SCILEPPI and BREITEL concur with Judge BURKE; Judge BERGAN dissents and votes to affirm in an opinion in which Judges KEATING and JASEN concur.

BURKE, J.

This appeal presents for review a second time a portion of the condemnation awards for the Fifth Avenue Coach Lines, Inc., and Surface Transit, Inc., the nation's two largest privately owned municipal transit systems. Since the condemnation in 1962, eight opinions have been written in an attempt to properly value the tangible and intangible going concern assets of these enterprises. The value of the...

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