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300 WEST REALTY CO. v. CITY OF NEW YORK

57 A.D.2d 806 (1977)

300 West Realty Co., Respondent, v. City of New York, Appellant

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

May 24, 1977

The direction to amend the agreement of March, 1972, to "comport with current facts" is reversed (see Matter of Abrams v New York City Tr. Auth., 39 N.Y.2d 990). The agreement in question is the only agreement under which the plaintiff asks for relief and the defendant consents to that relief, therefore the ruling of the trial court constitutes an overreaching of discretionary authority...

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