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CITY OF NY v. PANETTIERE

86 Misc.2d 361 (1976)

In the Matter of City of New York, Petitioner, v. Estate of Frances Panettiere et al., Respondents.

Supreme Court, Special Term, Queens County.

March 29, 1976

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Kenneth Sasmore of counsel), for City of New York, petitioner. Rocco J. Scalone for Vincent J. Panettiere, respondent. Alexander W. Axelrod for 35th Avenue Realty Corporation, complainant.

MOSES M. WEINSTEIN, J.

This is an application by the City of New York to remove, make safe and secure a certain retaining wall. A hearing was held before this court on February 18, 1976. A construction inspector with the Department of Buildings and an inspector employed by the City of New York to inspect and examine unsafe structures testified for the city. The testimony was to the effect that the first 40 feet...

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