In re the City of New York — 54 N.Y.2d 667

Majority

p. 667

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property in Richmond Parkway, Section II, in the Borough of Richmond. Fred P. Goldhirsch et al., Appellants.

Argued June 11, 1981;

decided June 30, 1981

p. 668

APPEARANCES OF COUNSEL

Robert J. Randell for appellants.

Allen G. Schwartz, Corporation Counsel (Irving Genn and Morris Einhorn of counsel), for respondent.

OPINION OF THE COURT

Decree appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 47 AD2d 644 ). There is nothing in the record to indicate otherwise and claimants conceded on oral argument that the taking was of no more than a slope easement.

p. 669

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.