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MATTER OF PORT OF NEW YORK AUTH.

1 A.D.2d 801 (1956)

In the Matter of The Port of New York Authority, Appellant-Respondent, Relative to Acquiring Title to Real Property for the Third Tube and Additional Approaches and Connections of the Lincoln Tunnel, in the Borough of Manhattan. John S. Swift Company, Incorporated, et al., Respondents-Appellants; Teachers Insurance and Annuity Association of America, Respondent

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

February 14, 1956

Per Curiam.

These are cross appeals from a final decree entered in a condemnation proceeding instituted by the Port of New York Authority to acquire property for the improvement of the approaches to the Lincoln Tunnel. The appeals concern the awards for Damage Parcels 3, 4, 12, 13 and 48.

The trial court determined the value of certain of the damage parcels under review by capitalizing the net income on the basis of a 6% return on the land and an 8...

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