In re City of New Rochelle

275 A.D.2d 964 Court N.Y. App. Div. Decision date 1949-06-27 English

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p. 964

In the Matter of City of New Rochelle, Appellant, Relative to Acquiring Title to Real Property in Said City. Henry J. Gucker et al., Respondents, et al., Defendants.

Carswell, Acting P. J., Johnston and Adel, JJ., concur; Wenzel and Mac Crate, JJ., dissent and vote to affirm on the ground that upon the evidence the commissioners could find that the property, as zoned, had a value equal to the award. [See post, p. 1001.]