MATTER OF CITY OF NEW YORK


285 A.D. 1186 (1955)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Midtown Highway, in The Borough of Queens. Public Mortgage and Real Estate Co. Inc., Appellant

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

May 31, 1955.


Decree, insofar as appealed from, affirmed, with costs.

No opinion.

Schmidt and Beldock, JJ., dissent and vote to modify the decree so as to increase the award to $27,000, with the following memorandum:

In our opinion, the award was inadequate. At the time of the vesting of title, the damage parcel was subject to a lease which had about seven years to run. The rent required to be paid by the tenant under the lease averaged about $2,350 a year net....

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