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MATTER OF CITY OF NEW YORK

22 A.D.2d 882 (1964)

In the Matter of The City of New York, Appellant-Respondent, Acting for and on Behalf of The New York City Housing Authority, Relative to Acquiring Title to Real Property Within the Area Bounded by West 152nd Street, and Other Streets, in The Borough of Manhattan, Duly Selected as a Site for a Federally-aided Public Housing Project Known as Harlem River Houses II. New Colonial Ice Co., Respondent-Appellant

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

December 17, 1964

Final decree unanimously modified, on the law and the facts by reducing the fixture award for Damage Parcel 2 to the sum of $262,555, and as so modified affirmed, without costs.

The court allowed the sum of $321,622 as compensation for the fixtures taken. We believe it is excessive. The value was arrived at by first taking the reproduction cost and deducting therefrom the physical, functional and economic depreciation. The court accepted as the reproduction cost of...

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