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MATTER OF CITY OF NEW YORK (HARLEM RIV. DRIVE)

278 A.D. 122 (1951)

In the Matter of The City of New York, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Harlem River Drive, Borough of Manhattan. Israel Lewis, Appellant; Josephine Kearse et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 1951.

Attorney(s) appearing for the Case

Max Freund of counsel (Samuel L. Rosenman and Seymour D. Lewis with him on the brief; Rosenman Goldmark Colin & Kaye, attorneys), for appellant.

Selma Munter Lobsenz of counsel (Ephraim Berliner with her on the brief; Schlesinger & Berliner, attorneys), for respondents.

GLENNON, J. P., COHN, VAN VOORHIS, SHIENTAG and HEFFERNAN, JJ., concur.

Per Curiam.

The City of New York was authorized by order dated April 17, 1947, to condemn certain property in the borough of Manhattan which included a parcel upon which appellant held a mortgage. The city gave due notice for the filing of claims and for the submission of proof of title. In the condemnation proceeding, appellant seasonably presented his proof of claim in which he set forth that he was the owner of a...

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