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MATTER OF CITY OF NEW YORK

12 A.D.2d 920 (1961)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property, as a Site for Public School 128, and Recreational Purposes, Bounded by Audubon Avenue and Other Streets, in The Borough of Manhattan, City of New York. Graycliff Realty Corp. et al., Respondents-Appellants, Wadsworth 5¢ and 10¢ Stores Inc., et al., Respondents

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

February 23, 1961

Final decree, insofar as appealed from, unanimously modified on the law and the facts by reducing the awards on Damage Parcel No. 1 from $410,000 to $325,000 and on Damage Parcel No. 5 from $96,000 to $83,000. As so modified, the decree is unanimously affirmed, with costs to the City of New York against the claimants-respondents-appellants.

Although we are of the opinion that the rental obtained from the roof sign on Damage Parcel No. 1 should have been considered...

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