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FRENCH INV. CO. v. CITY OF NY

39 N.Y.2d 587 (1976)

Fred F. French Investing Company, Inc., Respondent-Appellant, v. City of New York, Appellant-Respondent, and Ramsgate Properties, Inc., et al., Respondents-Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 4, 1976.

Attorney(s) appearing for the Case

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

Bernard S. Meyer for respondent-appellant.

Lowell D. Willinger and Edward Brodsky for respondents-appellants.

David W. Peck and Howard T. Milman for the Tudor City Association, amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

Plaintiff Fred F. French Investing Co., purchase money mortgagee of Tudor City, a Manhattan residential complex, brought this action to declare unconstitutional a 1972 amendment to the New York City Zoning Resolution and seeks compensation as for "inverse" taking by eminent domain. The amendment purported to create a "Special Park District", and rezoned two private parks in the Tudor City...

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