MATTER OF CITY OF NEW YORK


33 A.D.2d 785 (1969)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property, Within the Area bounded by Nostrand Avenue, and Other Streets in the Borough of Brooklyn. Harry Moss et al., Appellants

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

December 15, 1969


Decree reversed insofar as appealed from, on the law and the facts, with costs, and appellants' award increased to $17,000.

In our opinion, the award of $15,500 for Damage Parcel 15 is inadequate in view of the expert testimony. Respondent's appraiser found the gross annual rental to be $3,000 and he estimated the expenses to be $1,209. Based on these figures the net annual rental is $1,791. Respondent's expert also deducted an additional $150 as a "reserve for contingencies...

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