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CITY OF NY v. MOBIL OIL CORP.

12 A.D.3d 77 (2004)

783 N.Y.S.2d 75

In the Matter of CITY OF NEW YORK, Appellant, v. MOBIL OIL CORPORATION, Respondent.

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

October 25, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen, Rita D. Dumain and Rochelle H. Cohen of counsel), for appellant.

Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York City (Michael Rikon of counsel), for respondent.

KRAUSMAN, MASTRO and RIVERA, JJ., concur.

OPINION OF THE COURT

SANTUCCI, J.P.

The issue raised on this appeal is one of first impression in this state. Specifically, we address whether evidence and testimony relating to environmental contamination and remediation costs should be considered in determining just compensation in a condemnation proceeding, when the condemnee is also subject to liability under a pending Navigation Law proceeding. For the reasons set forth below, we conclude that, under...

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