MATTER OF CITY OF ROCHESTER v. LEVIN


57 A.D.2d 700 (1977)

In the Matter of City of Rochester, Respondent, v. Isadore B Levin, Appellant. (And Another Proceeding.)

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

April 7, 1977


Order unanimously reversed, without costs, and motion granted.

Memorandum:

In 1970 petitioner, City of Rochester, instituted condemnation proceedings against many parcels of land in the southeast area of its downtown section. Respondent is owner of two of those parcels. They were contiguous except for an alley, owned by the city, which ran between them. Respondent moved for an order under CPLR 602 (subd [a]) directing joint trial of the issues of his damages...

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