MATTER OF CITY OF NEW YORK


61 N.Y.2d 843 (1984)

In the Matter of the City of New York, Relative to Acquiring Title to Real Property for the Staten Island Industrial Park in the Borough of Richmond, Appellant. Jomar Real Estate Corp., Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1984.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Joseph A. Vogel and Leonard Olarsch of counsel), for appellant.

M. Robert Goldstein and Samuel Goldstein for respondent.

Concur: Chief Judge COOKE and Judges JONES, WACHTLER, MEYER and KAYE. Judge JASEN dissents and votes to reverse in an opinion. Taking no part: Judge SIMONS.


Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (94 A.D.2d 724), to which we add that claimant's introduction of the determination of the city planning commission with respect to another Victory Boulevard property within one-half mile of the subject parcel that "Analysis of the market area * * * indicates the ability to currently support 160,000 square feet of commercial space, comprised of...

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