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CITY OF NEW YORK v. STATE

148 A.D.2d 289 (1989)

City of New York, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claims Nos. 70168 and 66669.)

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

June 13, 1989

Attorney(s) appearing for the Case

Renee Modry of counsel (Joseph I. Lauer and Robert Pfeffer with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for City of New York, respondent-appellant.

Peter J. Dooley of counsel (William J. Kogan with him on the brief; Robert Abrams, Attorney-General, attorney), for State of New York, appellant-respondent.

CARRO and KASSAL, JJ., concur with SULLIVAN, J. P.; MILONAS and ELLERIN, JJ., dissent in an opinion by MILONAS, J.

SULLIVAN, J. P.

The instant appeal addresses the issue of whether the Court of Claims properly denied a request, jointly made, for an extension of time for the filing of appraisals in two related condemnation proceedings. The parties sought the extension so as to allow them the opportunity to resolve the myriad issues underlying the two claims, which are extraordinary both in size and complexity. The subject...

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