Legal Opinion · Concurrence
In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 1979Published
1Concurrence
Lazer, J. P.,
concurs insofar as the purported appeal from the partial final decree dated June 24, 1976 is dismissed and otherwise dissents and votes to reverse the final decree dated June 22, 1976 and remand the proceeding for a new trial, with the following memorandum: In this condemnation proceeding, the City of New York (1) appeals from a final decree which, after a nonjury trial, awarded the claimant $362,601 for the taking of 48% of his parcel in Block No. 12051 in Jamaica, Queens, condemned for a public school, and (2) purportedly appeals from a separate and partial final decree of the…
2Cases cited27 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- Masten v. StateNew York Court of Appeals · 1961
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