Matter of City of New York

Full title: In the Matter of the CITY OF NEW YORK, Respondent, Relative to Acquiring…

Court: Court of Appeals of the State of New York

Date published: Jun 30, 1981

425 N.E.2d 897 (N.Y. 1981)

425 N.E.2d 897

442 N.Y.S.2d 508

Opinion

Argued June 11, 1981

Decided June 30, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES S. BROWN, J.

Robert J. Randell for appellants.

Allen G. Schwartz, Corporation Counsel (Irving Genn and Morris Einhorn of counsel), for respondent.

Decree appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 47 A.D.2d 644). There is nothing in the record to indicate otherwise and claimants conceded on oral argument that the taking was of no more than a slope easement.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.