MATTER OF CITY OF NEW YORK


73 A.D.2d 964 (1980)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property on Burgher Avenue, in The Borough of Staten Island. Richard Clift et al., Appellants

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

January 28, 1980


Order affirmed, without costs or disbursements.

We do not reach the threshold constitutional issue of the adequacy of the notice of condemnation. The claimants, by appearing in the proceeding and participating in the hearing to establish value, waived such claim. Further, if the ultimate issue raised by the claimants (i.e., the alleged arbitrariness of the entire allocation of the street widening to the easterly side), were properly before this court, we would hold...

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