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MATTER OF CITY OF NEW YORK

59 A.D.2d 944 (1977)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Strickland Avenue, in The Borough of Brooklyn. Martingano Holding Corp., Respondent-Appellant, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1977

Final decree and judgment affirmed, without costs or disbursements.

We agree with the result reached by the Special Term as to all issues herein presented. We would note, however, that Matter of Acca v Bureau of Assessors of N. Y. City Fin. Admin. (45 A.D.2d 1005), upon which the Special Term primarily relied to support its invalidation of the special benefit assessments, has been reversed by the Court of Appeals (

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