SOON DUCK KIM v. CITY OF NY


90 N.Y.2d 1 (1997)

681 N.E.2d 312

659 N.Y.S.2d 145

Soon Duck Kim et al., Appellants, et al., Plaintiffs, v. City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 18, 1997.


Attorney(s) appearing for the Case

Richard S. Graver, White Plains, for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Jane L. Gordon and Barry P. Schwartz of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA and LEVINE concur with Judge CIPARICK; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge WESLEY concurs; Judge TITONE taking no part.


CIPARICK, J.

In 1990, the City of New York regraded a public road in Queens. To maintain lateral support between the road and plaintiffs' property, the City placed side fill on the portion of plaintiffs' property abutting the roadway. In this lawsuit, plaintiffs contend that they are entitled to compensation for the portion of their property taken by the City. We disagree.

Plaintiffs acquired their property...

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