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  5. 66 N.Y.2d 807 (1985)
 

MATTER OF TRIZEC W., INC. v. CITY OF NEW YORK

66 N.Y.2d 807 (1985)

In the Matter of Trizec Western, Inc., as Successor in Interest to Beere Regis Joint Venture, et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided November 12, 1985.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Regina Feder, Joseph I. Lauer and Gary Schuller of counsel), for appellants.

Michael S. Kelton for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur in memorandum; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed. The certified question should be answered in the negative.

Petitioners' brief concedes that the dismissal of the third cause of action, from which they have not appealed, moots their first cause of action, and if we accept for purposes of argument their contention that the second and fourth causes of action...

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