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MARRARO v. STATE OF NEW YORK

12 N.Y.2d 285 (1963)

(A) VITO MARRARO, Doing Business as PLAZA PHARMACY, Respondent, v. State of New York, Appellant. (B) Josephine Caruso, Doing Business as C. Caruso & Son, Respondent, v. State of New York, Appellant. (C) Aber-Dulberg, Inc., Respondent, v. State of New York, Appellant. (D) East Hills Cleaners & Dyers, Inc., Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for appellant.

Robert J. Randell for Josephine Caruso and Vito Marraro, respondents.

Mendel Lurie and Edward L. Sadowsky for Aber-Dulberg, Inc., and East Hills Cleaners & Dyers, Inc., respondents.

Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI concur with Judge VAN VOORHIS; Judge FULD concurs in result in a separate opinion in which all concur.

VAN VOORHIS, J.

These four appeals, argued together, are from judgments entered upon orders of the Appellate Division, Third Department, which affirmed, modified or reversed judgments of the Court of Claims in condemnation cases. Each concerns an award to a tenant for fixtures. The appeals involve what fixtures are compensable to tenants, whether the so-called unit rule is to be applied whereby fixtures are evaluated...

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