MATTER OF CITY TUNNEL NO. 3, STAGE 2 (SHAFT 22B) BROOKLYN


267 A.D.2d 382 (1999)

700 N.Y.S.2d 222

In the Matter of CITY TUNNEL NO. 3, STAGE 2 (SHAFT 22B) BROOKLYN. PETER BOURNAKIS et al., Appellants; CITY OF NEW YORK, Respondent.

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

Decided December 20, 1999.


Ordered that the appeal by claimants Peter Bournakis, Julia Bournakis, and Fourth Avenue Automobile Service, Ltd., is dismissed, without costs or disbursements, as they are not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant City of New York, with costs.

We agree with the Supreme Court that the consequential fixture claim filed by Universal Metal Machine...

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