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MTR. OF CITY OF NEW YORK (RUSCIANO)

25 N.Y.2d 430 (1969)

In the Matter of the City of New York, Acting For and On Behalf of the New York City Housing Authority, 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., Appellants.

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

John Trubin and David R. Paley for appellants.

J. Lee Rankin, Corporation Counsel (Irving Genn and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI and BREITEL concur with Judge GIBSON; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

GIBSON, J.

A decree granted at Special Term in Bronx County awarded $883,754 for the appropriation by the City of New York of 554,779 square feet of land for purposes of the New York City Housing Authority. On review, the Appellate Division reduced the award to $467,000 and the claimants appealed to this court.

We find that the reduction of the award was unwarranted and that the decision of the Special...

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