MATTER OF CITY OF NEW YORK


35 N.Y.2d 845 (1974)

In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for Park and Street Purposes, Located Between Rockaway Point Boulevard and Other Streets in the Borough of Queens. Atlantic Improvement Corporation, Respondent. In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for Park and Street Purposes, Located Between Beach 222nd Street and Other Streets in the Borough of Queens. Atlantic Improvement Corporation, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1974.


Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Morris Einhorn and L. Kevin Sheridan of counsel), for appellant.

David W. Peck for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by reversing the award to claimant and the matter remitted to the Appellate Division for reappraisal in light of the dissenting opinion. We agree with Justice SHAPIRO that the award reflects substantial if not total disregard of our previous directions in this case (28 N.Y.2d 465). The award shows that great...

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