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  5. 39 N.Y.2d 453 (1976)
 

MATTER OF CITY OF N. Y. (CIVITANO)

39 N.Y.2d 453 (1976)

In the Matter of the City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Required for the Widening of Bruckner Expressway from Bronx River to Havenmeyer Avenue in the Borough of The Bronx. Onofrio R. Civitano et al., Respondents; Humble Oil and Refining Company, Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Morris Einhorn and L. Kevin Sheridan of counsel), for appellant-respondent.

George A. Burrell, P. C., for Humble Oil and Refining Company, appellant.

Robert S. Gottlieb and Michael J. Greco for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

On the appeal by the city it is urged that the owners of the property were awarded excessive compensation. It is settled that the measure of damages to which an owner is entitled for a partial taking is the difference between the value of the whole parcel before the taking and the value of the remainder after the taking where no consequential damages were sought or awarded (Diocese of Buffalo v State of New...

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