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MTR. CITY OF N. Y. (339 GRAND ST. CORP.)

10 A.D.2d 498 (1960)

In the Matter of The City of New York, Petitioner, Relative to Acquiring Title to Real Property Required for Seward Park Slum Clearance Project, Bounded by Grand Street and Other Streets, in The Borough of Manhattan. 339 Grand Street Corporation, Appellant; J. S. Garlick Parkside Memorial Chapels, Inc., Respondent

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

May 24, 1960.

Attorney(s) appearing for the Case

Robert J. Randell of counsel (Nathan L. and Joseph Z. Goldstein, attorneys), for appellant.

Arthur D. Goldstein of counsel (M. B. Rhine, attorney), for respondent.

Charles H. Tenney, Corporation Counsel, for petitioner.

BREITEL, J. P., VALENTE, McNALLY and STEVENS, JJ., concur.

RABIN, J.

In this condemnation proceeding the trial court awarded the sum of $7,000 to the tenant of one of the damage parcels for the taking of trade fixtures. The owner of the parcel appeals contending that inasmuch as it owned such fixtures it was entitled to the award.

At the time of the acquisition of the real property by the city on November 29, 1957, the premises were occupied by the tenant for...

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