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  5. 85 A.D.2d 663 (1981)
 

MATTER OF CITY OF NEW YORK

85 A.D.2d 663 (1981)

In the Matter of The City of New York, Respondent. Leo Marinello et al., Appellants, et al., Claimant

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

December 21, 1981

As so modified, said decree affirmed insofar as appealed from, with costs to appellants Marinello and Saveth payable by the city.

After reviewing the facts of this case, we adhere to our original determination on this issue notwithstanding the conclusion of the Court of Appeals that the City of New York's expert made no concession in this regard, for the remaining reasons stated in the opinion of Justice Cohalan (Matter of City of New York [Marinello],

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