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Matter of City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1961
12 A.D.2d 920 (N.Y. App. Div. 1961)

Opinion

February 23, 1961


Final decree, insofar as appealed from, unanimously modified on the law and the facts by reducing the awards on Damage Parcel No. 1 from $410,000 to $325,000 and on Damage Parcel No. 5 from $96,000 to $83,000. As so modified, the decree is unanimously affirmed, with costs to the City of New York against the claimants-respondents-appellants. Although we are of the opinion that the rental obtained from the roof sign on Damage Parcel No. 1 should have been considered in the estimated gross rental for that parcel, nevertheless the whole record before us does not warrant awards in excess of the amounts to which the awards have been reduced on Damage Parcels Nos. 1 and 5. Settle order on notice.

Concur — Botein, P.J., Breitel, Valente, Stevens and Bastow, JJ.


Summaries of

Matter of City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1961
12 A.D.2d 920 (N.Y. App. Div. 1961)
Case details for

Matter of City of New York

Case Details

Full title:In the Matter of the CITY OF NEW YORK, Appellant-Respondent, Relative to…

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

Date published: Feb 23, 1961

Citations

12 A.D.2d 920 (N.Y. App. Div. 1961)