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MATTER OF CITY OF NEW YORK

12 N.Y.2d 1007 (1963)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to the Real Property Required for Street Purposes to Oakland Street, in the Borough of Brooklyn. Newoak Realty Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1963.

Attorney(s) appearing for the Case

Anthony Romano and Robert J. Randell for appellant.

Leo A. Larkin, Corporation Counsel (Irving Genn and Seymour B. Quel of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Order modified by increasing the amount of the recovery by $3,500 as damages for fixtures taken and, as so modified, affirmed, with costs, in a memorandum: This high, tight wire fence with signs, wiring and grating was especially designed and constructed for this area with the consequence that these installations are treated as fixtures (see opinion in Marraro v. State of New York, 12 N.Y.2d 285, decided herewith). Although they...

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