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UNITED STATES v. CERTAIN LAND AT IRVING PLACE & 16TH ST.

Nos. 605, 606, Dockets 31181, 31182.

415 F.2d 265 (1969)

UNITED STATES of America, Plaintiff-Appellant-Appellee, v. CERTAIN LAND, together with the improvement thereon, located AT the northwest corner of IRVING PLACE AND 16TH STREET, etc., and Benjamin Kaufman, et al., Defendants, 396 Corp., Jacob Freidus and the Executors of the Will of Samuel E. Aaron, Defendants-Appellees-Appellants.

United States Court of Appeals Second Circuit.

Decided September 4, 1969.

Attorney(s) appearing for the Case

Martin Paul Solomon, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Roger P. Marquis and Edmund B. Clark, Attys., Dept. of Justice, on the brief), for plaintiff-appellant-appellee.

Stuart A. Summit, New York City (Miller & Summit, New York City, on the brief), for defendant-appellee-appellant Jacob Freidus.

Marshall Perlin, New York City, for defendant-appellees-appellants 396 Corp. and the Exrs. of Will of Samuel E. Aaron, Milton H. Friedman, New York City, of counsel.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and TIMBERS, District Judge.

LUMBARD, Chief Judge:

This appeal by the United States and cross-appeal by the defendants challenge that portion of the condemnation award rendered by the district court which is based on the "risk of vacancy" created upon the subject building by the unique short-term option aspect of the takings exercised by the government. The United States contends that there should be no award for the risk of vacancy factor, while defendants maintain that the award is insufficient...

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