MATTER OF CITY OF NEW YORK


42 N.Y.2d 948 (1977)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property for Arverne II, Stage II, Urban Renewal Project, in the Borough of Queens. Oceanview Terrace, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1977.


Attorney(s) appearing for the Case

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

Saul Weprin and Jerome M. Herskovits for respondent.

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


MEMORANDUM.

The order of the Appellate Division is affirmed, with costs.

This condemnation proceeding commenced by the City of New York involves Damage Parcels 928-938 and 940-948 consisting of approximately 72,800 square feet of land in the Arverne Section of the Rockaway peninsula in Queens. At the time of title vesting the property was improved with 18 bungalow cottages in excellent condition. Special Term found that the highest and best use of the subject...

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