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DUNHILL MFG. v. STATE PARK COMM.

42 A.D.2d 442 (1973)

In the Matter of Dunhill Mfg. & Dist. Corp., Appellant, v. State Park Commission for the City of New York, Respondent

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

October 25, 1973.

Attorney(s) appearing for the Case

James B. Kilsheimer, III, of counsel (Robert N. Kaplan with him on the brief; Kaplan, Kilsheimer & Foley, attorneys), for appellant.

A. Seth Greenwald of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

MURPHY and TILZER, JJ., concur with STEUER, J.; LANE, J., dissents in an opinion, in which STEVENS, P. J., concurs.

STEUER, J.

We believe the disposition of Special Term should be affirmed, though not specifically on the grounds stated.

Petitioners were business tenants on property condemned by the State in eminent domain proceedings. Petitioner made an application to the respondent State Park Commission for the City of New York for moving expenses, alleging those expenses to be $63,517.01. Title vested in the State...

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