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MATTER OF CITY OF NEW YORK (COOGAN)

20 N.Y.2d 618 (1967)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by West 155th Street and Other Streets in the Borough of Manhattan Required for Polo Grounds Area Project. W. Gordon Coogan et al., Appellants.

Court of Appeals of the State of New York.

Decided November 30, 1967.

Attorney(s) appearing for the Case

Robert I. Millonzi, Philip G. Reilly and F. James Kane, Jr., for W. Gordon Coogan and another, appellants.

Henry L. King, John C. Hover and Edward V. Atnally for Jay Coogan, appellant.

David W. Peck, Henry N. Ess, III, Loretta A. Conway and Cornelius B. Prior, Jr., for National Exhibition Company, appellant.

Joseph T. Arenson, Waldemar J. Dittmar and Philip Bekerman for Public Administrator of the County of New York, as administrator of the estate of Gardiner Coogan, deceased, appellant.

J. Lee Rankin, Corporation Counsel (Milton H. Harris and Stanley Buchsbaum of counsel), for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI and KEATING concur with Judge BERGAN; Chief Judge FULD and Judge BREITEL dissent in separate opinions.

BERGAN, J.

On review of a decree entered at the New York Special Term fixing the amount of the award in condemnation for the acquisition of the Polo Grounds at $2,614,175 for the land and $1,724,714 for the improvements, the Appellate Division affirmed the award for the land and reduced that for the improvements to $175,000.

If there be legally sufficient and substantial evidence to support the affirmed...

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