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MATTER OF CITY OF NEW YORK

45 A.D.2d 962 (1974)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the East New York Community Development Plan in The Borough of Brooklyn. Emanuel Mandel, Respondent

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

September 23, 1974

Order reversed, with $20 costs and disbursements, and motion denied.

At issue on this appeal is whether the reservation by claimants in a first separate and partial final decree of the right to seek interest of 6% instead of 4% inures to the benefit of a claimant whose condemnation award was provided for in a second separate and partial final decree that did not contain the reservation and from which that claimant did not appeal. The second decree is a separate judgment...

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