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MTR. OF CITY OF N. Y. (GINSBERG)

36 A.D.2d 156 (1971)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to a Public Place Bounded by Duane Street and Other Streets in the Borough of Manhattan. Jacob Ginsberg, Respondent

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

March 11, 1971.

Attorney(s) appearing for the Case

Milton H. Harris of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Bernard L. Bermant of counsel (Carl J. Moskowitz with him on the brief; Skinner & Bermant, Leddy & Raber, attorneys), for respondent.

McGIVERN, J. P., NUNEZ and TILZER, JJ., concur with McNALLY, J.; STEUER, J., dissents in an opinion.

McNALLY, J.

After three trials and two prior appeals to this court (24 A.D.2d 243 and 31 A.D.2d 530) and one appeal to the Court of Appeals (26 N.Y.2d 841), the city appeals from the final decree entered December 3, 1969 insofar as it makes a land award of $355,000 for Damage Parcel 9 taken by the city on July 31, 1962. The claimant's appeal to...

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