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MATTER OF CITY OF NEW YORK

51 N.Y.2d 921 (1980)

In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for Public School No. 223. Myron Nelkin, Respondent. In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for Stage II Urban Renewal Project. Myron Nelkin, Respondent.

Court of Appeals of the State of New York.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Gary Schuller and Leonard Olarsch of counsel), for appellant.

M. Robert Goldstein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Public School No. 223 parcel: The factual determinations made by Supreme Court with respect to use of this parcel for a governmentally financed apartment house as the highest and best use, with respect to change of zoning and tax abatement, and with respect to governmental financing, together with the agreed land valuation, having been...

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