Dayton Development Fort Hamilton Corp. v. City of New York

Judgment unanimously modified, on the law and on the facts and in the exercise of discretion, without costs, to the extent of deleting the last three decretal paragraphs thereof, directing the city to deposit to its credit but subject to order of the court the sums referred to in the third and fourth decretal paragraphs with a banking institution or institutions in an interest-bearing account or accounts, dismissing the complaint insofar as it relates to the recovery of said sums, with leave to plaintiffs to serve an amended complaint, and otherwise affirmed. Discussion of the issues between…