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MATTER OF CITY OF NEW YORK (COBLENTZ)

11 A.D.2d 240 (1960)

In the Matter of The City of New York, Relative to Acquiring Title to Real Property for De Kalb Avenue Reconstruction, Borough of Brooklyn. United States of America, Appellant; Bernard W. Coblentz et al., Respondents

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

July 5, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., United States Attorney (Irving L. Innerfield of counsel), for appellant.

Bernard W. Coblentz, respondent in person.

Charles H. Tenney, Corporation Counsel (Stanley Buchsbaum, Bernard H. Sherris and Cornelius F. Roche, of counsel), for City of New York, respondent.

UGHETTA, Acting P. J., KLEINFELD, PETTE and BRENNAN, JJ., concur with CHRIST, J.

CHRIST, J.

The condemnee whose damage award is involved here was Capri Italian Restaurant and Pizzeria, Inc., a lessee of store premises in a building which was included in the acquisition of property in this proceeding. The award, which was for trade fixture damage, was for $10,000. Capri had many creditors, some of whom claimed liens on the award. In addition, Capri had made several assignments of various portions...

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