CITY OF N. Y. (SPUYTEN DUYVIL PK.)


71 Misc.2d 1019 (1972)

In the Matter of the City of New York, Relative to Acquiring Title to the Real Property Necessary for Two Park Additions to Spuyten Duyvil Shorefront Park, at Palisade and Edsall Avenues in the Borough of The Bronx.

Supreme Court, Special Term, New York County.

November 3, 1972


Attorney(s) appearing for the Case

Skinner & Bermant, Leddy & Raber (Bernard L. Bermant of counsel), for petitioner. J. Lee Rankin, Corporation Counsel (Joseph Stern of counsel), for City of New York.


WILFRED A. WALTEMADE, J.

The issue before the court is whether the provisions of chapter 1161 of the Laws of 1971, effective July 6, 1971, are remedial or substantive, and whether this legislation should be applied retroactively to condemnation proceedings instituted prior to the effective date of the law, as contended by the claimants, or whether the provisions should be given only a prospective construction as urged by the City of New York.

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