Ossining Associates, Inc. v. City of New York

Both parties appeal from a judgment dismissing the complaint and counterclaim. The action was brought to recover $75,000 coneededly paid by plaintiff’s assignor to the city. The latter by its answer asserted a counterclaim alleging damage of $265,000 and seeking judgment for $190,000 after giving plaintiff credit for the sum of $75,000.

The differences of the parties arise from the sale by public auction by the city in 1950 of certain premises extending an entire block front on the easterly side of Park Avenue from East 39th Street to East 40th Street in Manhattan. Plaintiff’s assignor was the…