In re City of New York

After three trials and two prior appeals to this court (24 A D 2d 243 and 31 A D 2d 530) and one appeal to the Court of Appeals (26 N Y 2d 841), the city appeals from the final decree entered December 3, 1969 insofar as it makes a land award of $355,000 for Damage Parcel 9 taken by the city on July 31, 1962. The claimant’s appeal to the Court of Appeals was pursuant to CPLR 5601 (subd. [d]) from the instant final decree for the purpose of bringing up for review this court’s original intermediate order of reversal (24 A D 2d 2431 *157and was dismissed on the grounds that the claimant was not an…