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In re the City of New York

265 A.D. 915 Court N.Y. App. Div. Decision date 1942-12-11 English

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p. 915
In the Matter of the City of New York, Respondent, Relative to Acquiring Title to the Elevated Railroad Structure and Appurtenances of the Sixth Avenue Elevated Railroad in Trinity Place and Other Streets in the Borough of Manhattan. Nedrose Holding Corporation et al., Appellants.

For the reasons stated in Matter of City of New York (Sixth Avenue Elevated Railroad) (ante, p. 200), handed down herewith, the decree appealed from should be reversed and a new trial ordered, with one bill of costs to the appellants to abide the event.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Decree unanimously reversed and a new trial ordered, with one bill of costs to the appellants to abide the event. Settle order on notice.