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MATTER OF CITY OF NEW YORK

80 A.D.2d 611 (1981)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property for Public School 69 and Intermediate School 72, in The Borough of Richmond. Klondike Realty Corp. et al., Appellants

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

February 17, 1981

Decree affirmed, with costs.

The decree under review directed, inter alia, that no award be made on the property condemned. The basis of that determination was that Richmond Klondike Company (for whom Klondike Realty Corp. is a nominee) had agreed in writing on May 8, 1967 to "cede to the City a tract of land comprising a minimum of three acres in extent for the future construction of a public school on a site acceptable to the City. If the City fails to accept...

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