Order reversed, with costs in all courts, for the reasons stated in the dissenting opinion at the Appellate Division and the matter remitted to Special Term for new findings in accordance with the following memorandum: Claimants were not entitled to and were not granted a new opportunity to establish Mitchell-Lama subsidized housing as the highest and best use for the subject property (see City of New York [Shorefront High School — Rudnick],
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MATTER OF CITY OF NEW YORK
29 N.Y.2d 868 (1971)
In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Bounded by Avenue X and Other Streets in the Borough of Brooklyn Selected as a Site for Shorefront High School. Edythe Rudnick et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 23, 1971.
Decided December 2, 1971.
Attorney(s) appearing for the Case
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.
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