MATTER OF CITY OF NEW YORK


27 A.D.2d 539 (1966)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property for Opening of West Ave. from Ocean Parkway to Other Streets, in the Borough of Brooklyn. Field's Baking Corporation, Appellant

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

December 5, 1966


Decree reversed insofar as appealed from, on the law and on the facts, with costs to appellant, and proceeding remanded for a new trial in accordance with the principles set forth herein.

Claimant's land and a large mill type building in which it conducted a bakery were taken by the city in eminent domain, as well as two buildings which claimant rented to others. Although the bakery building was old and the shell was not in good condition, it had been extensively...

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