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Legal Opinion · Dissent

Mtr. City of Ny (Sealand Dock)

New York Court of Appeals

Decided July 7, 1971Published

1Dissent

Scileppi, J. (dissenting).

I do not agree that the property taken in this street opening proceeding was encumbered by public easements and that compensation should be limited to an award of nominal damages.

This litigation is the result of a project conducted by the City of New York to construct a sewage treatment facility near the Brooklyn waterfront. Claimants are the owners of varying interests in a marine terminal located in the proximity of this treatment plant. Their property spans four blocks between the East River and West Street and consists of piers, wharves and *104streets. Plans…

2Cases cited19 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
  3. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  4. People v. . UnderhillNew York Court of Appeals · 1895
  5. Porter v. . International Bridge Co.New York Court of Appeals · 1910

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