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MTR. CITY OF N. Y. (SEALAND DOCK)

29 N.Y.2d 97 (1971)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extension of India Street in the Borough of Brooklyn. Sealand Dock and Terminal Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Arthur D. Goldstein and Samuel Goldstein for appellants.

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

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

Chief Judge FULD.

We thoroughly agree with the courts below that the claimants are entitled to only nominal damages because the three damage parcels before us were encumbered by public easements. Indeed, we would be content to affirm on the opinion by Special Term (66 Misc.2d 324) were it not for the fact that our dissenting brothers treat of matters which, though subsumed...

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