Opinion
Submitted November 16, 1953
Decided November 17, 1953
Motion for a stay denied. All concur except FULD, FROESSEL and VAN VOORHIS, JJ., who dissent only as to the denial of the stay and vote to grant a stay to and including November 30, 1953, to enable the appellant to apply to the Supreme Court of the United States or to a Justice thereof for a stay in connection with an application for a writ of certiorari. Motion for reargument denied. Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, as follows: Whether the taking by the City of New York, of the properties here involved, was, on this record, a deprivation of due process under the Fourteenth Amendment. The Court of Appeals held that there was no such deprivation.