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MATTER OF CITY OF NEW YORK

21 A.D.2d 649 (1964)

In the Matter of The City of New York, Appellant, Relative to Acquiring Title to Real Property Required for Park Row Extension Urban Renewal Project Within the Area Bounded by Park Street and Other Streets, in the Borough of Manhattan. Sonia Kitzes et al., Appellants; Chemical Bank New York Trust Company et al., Respondents

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

May 14, 1964

Third separate and partial final decree insofar as appealed from affirmed, with costs to prevailing parties.

With respect to DPs 15 and 35, which were used as parking lots, there was a lack of proof both of reasonable rental value and income and that the use as parking lots represented the highest and best use of the land. As to DP 15, there was no credible evidence of the existence of a leasehold. The attempted capitalized net rental method for DP 35 finds no support...

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