Opinion
Argued April 24, 1962
Decided May 17, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE TILZER, J.
Anthony Romano for Adele Bernabo and another, appellants.
Samuel Goldstein, M. Robert Goldstein and Arthur D. Goldstein for Tespil Realty Corp., appellant.
Leo A. Larkin, Corporation Counsel ( Milton H. Harris and Seymour B. Quel of counsel), for respondent.
The Appellate Division wrote nothing in explanation of its modification reducing the award made at Special Term for damage parcel No. P-5A from $11,750 to $9,500, and it is impossible to ascertain from the record the court's reason for its action (cf. Civ. Prac. Act, § 584). Our own analysis of the record relating to such parcel fails to disclose any basis or warrant for reducing Special Term's award by $2,250. Accordingly, the award of $11,750 made at Special Term should be reinstated.
The order appealed from should be modified by reversing it insofar as it reduced the award for damage parcel No. P-5A and, as to such parcel, the award of Special Term should be reinstated and, except as so modified, the order should be affirmed. Costs should be awarded to appellant Tespil Realty Corp. against the city and to the city against appellants Gloria Gardella and Adele Bernabo.
Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.
Order modified in accordance with the opinion herein and, as so modified, affirmed, with costs to appellant Tespil Realty Corp. against the city and with costs to the city against appellants Bernabo and Gardella.