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PLAZA HOTEL v. WELLINGTON

37 N.Y.2d 273 (1975)

Plaza Hotel Associates et al., Respondents, v. Wellington Associates, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1975.

Attorney(s) appearing for the Case

David W. Peck, Leo Brady and Barbara A. Mentz for appellant.

Arthur L. Liman and Allyne R. Ross for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL concurs in result in a separate opinion.

COOKE, J.

Once again, we are called upon to review the valuation given to the realty involved in this action. In the first proceeding (Plaza Hotel Assoc. v Wellington Assoc., 55 Misc.2d 483, affd 28 A.D.2d 1209, affd 22 N.Y.2d 846), it was held that the appraisers erroneously valued the land at its highest and best use, as if it...

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