MATTER OF CITY OF NEW YORK


36 A.D.2d 740 (1971)

In the Matter of The City of New York Respondent, Relative to Acquiring Title to Real Property for 135th Avenue from Van Wyck Expressway to North Conduit Avenue (Nassau Expressway), in the Borough of Queens. Rose Barash, Appellant

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

March 15, 1971


Order reversed, on the law, with $10 costs and disbursements, and motion denied.

The findings of fact, if any, are not affirmed. The order appealed from granted the condemnor's motion to correct the terms of a final decree so as to provide that the condemnation award for appellant's parcel was for land and improvements and not only for land. Such relief, affecting as it did the substantial rights of the parties as fixed by the decree, was improperly granted (Herpe...

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