MTR. OF CITY OF N. Y. (MANHATTAN CORP.)


19 A.D.2d 239 (1963)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property, Bounded by East 120th Street, and Other Streets, in the Borough of Manhattan, as a Site for Public School 79 and Recreational Purposes. Manhattan Renovation Corp., Respondent-Appellant; Hannah Slater, Appellant

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

July 9, 1963.


Attorney(s) appearing for the Case

Irving W. Genn of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for appellant-respondent.

Alfred D. Jahr of counsel (Jahr & Abberman, attorneys), for respondent-appellant.

McNALLY, EAGER, STEUER and BASTOW, JJ., concur.


BREITEL, J. P.

The city and claimant cross-appeal from an award in condemnation allowing $45,150 to the claimant, of which $40,000 was for the building. The only issue is the value to be accorded the building, the claimant arguing that it is a church building entitled to valuation as a specialty ($77,288), and the city urging that it should be valued on an estimated income basis for use as housing, meeting place...

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