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MATTER OF CITY OF NEW YORK

6 A.D.2d 779 (1958)

In the Matter of The City of New York, Respondent, Acting on Behalf of New York City Housing Authority, Relative to Acquiring Title to Certain Real Property Bounded by West 104th Street and Other Streets, Borough of Manhattan, Selected as a Site for Low Rent Public Housing Project Known as Frederick Douglass Houses. Emma Spengler, Individually and as Executrix of Fritz Spengler, Deceased, et al., Appellants

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

June 17, 1958

Final decree fixing the condemnation award at $85,318 affirmed, with costs to applicant-respondent, the findings and conclusions being modified on the law and on the facts as hereinafter provided.

Although Special Term relied on a percentage rate of capitalization for which there was no explicit expert testimony, its ultimate conclusion as to the amount of the award is amply supported by other proof in the record. In any event...

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