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  5. 37 N.Y.2d 298 (1975)
 

CITY OF N Y v. PENN. R.R. CO.

37 N.Y.2d 298 (1975)

City of New York, Appellant, v. Pennsylvania Railroad Company, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1975.

Attorney(s) appearing for the Case

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

Edward D. Burns and Edmund J. Burns for respondent.

Chief Judge BREITEL and Judges JASEN and FUCHSBERG concur with Judge COOKE; Judges GABRIELLI, JONES and WACHTLER dissent and vote to affirm on the memorandum at the Appellate Division.

COOKE, J.

In 1888, respondent Pennsylvania Railroad Company erected Pier 77 on New York City owned land. Title to the improvement was to revert to the city upon expiration of the railroad's lease. For more than 70 years the railroad has had sole and exclusive possession, use and occupancy of the pier. From the date of completion to July 1, 1891, occupancy was under...

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