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Matter of City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1929
226 App. Div. 824 (N.Y. App. Div. 1929)

Opinion

May, 1929.


Decree, in so far as it affects damage parcels Nos. 2, 3A, 4A, 5A, 5B and 6A, reversed upon the law and the facts, with costs, and proceeding remitted to the Special Term for a rehearing. The award of $50,000 made in this proceeding was not only in disregard of the testimony of the real estate experts both for the city and the claimant, but of the qualified engineers, and was so far below the estimates of damage by the city's witnesses that we are of opinion that it was erroneously made and, therefore, must be set aside. ( Matter of Simmons [ Ashokan Reservoir], 132 App. Div. 574; Matter of City of New York [ Titus Street], 139 id. 238; People ex rel. Hallock v. Hennessy, 152 id. 767.) The damages in this proceeding embrace, first, the intrinsic value of the lands and improvements actually taken; second, the consequential damage to the remaining lands, due to the division of the parcel into two separate units, including the cost of constructing retaining walls on both sides of Beach Channel drive, and, third, the consequential damage to the improvements of claimant's plant, including the cost of the overhead and underground structures made necessary by the taking. Lazansky, P.J., Rich, Kapper, Hagarty and Scudder, JJ., concur.


Summaries of

Matter of City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1929
226 App. Div. 824 (N.Y. App. Div. 1929)
Case details for

Matter of City of New York

Case Details

Full title:In the Matter of the Application of THE CITY OF NEW YORK, Relative to…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1929

Citations

226 App. Div. 824 (N.Y. App. Div. 1929)