Civitano v. City of New York

Order and judgment (one paper) and order, entered on March 23, 1970, dismissing the petition in this article 78 proceeding on the ground that there is an alternative remedy available to petitioners, affirmed, with $50 costs and disbursements to the respondents. Petitioners, who received $144,614 for permanent grade easement “ 145 ”, which was valued by the condemnation court as though a “ full fee ” taking was involved (Matter of City of New York [Bruckner Bind.], 58 Mise 2d 873, 877), and who are still free to use Bolton Avenue as a means of access, must apply first to the Board of Estimate…