Legal Opinion
In re City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1962PublishedCited by 1 opinion
1Opinion of the CourtBreitel, J.
The city appeals from awards in condemnation after a second trial, the results on the first trial having been reversed by this court and a new trial ordered (8 A D 2d 365, opinion by McNally, J., dissenting opinion by Rabie, J. P.). The awards allowed on the second trial are substantially the same as upon the first. The city urges that the awards are excessive, and that the trial court disregarded this court’s holding and views on the prior appeal.
As will appear the awards are excessive and they should be reduced. Since upon the second trial the parties have had the opportunity to submit…
2Cases cited23 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Hornstein v. PodwitzNew York Court of Appeals · 1930
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by1 opinion
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983