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MATTER OF CITY OF NEW YORK

34 A.D.2d 782 (1970)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by 97th Place and Other Streets as a Site for School and Recreational Purposes, in The Borough of Queens. David Minkin et al., Appellants

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

May 4, 1970

As so modified, decree affirmed, with costs to appellants.

In our opinion, the award of $367,000, predicated upon an apparent allowance of about $8.35 per square foot for a plot of 44,000 square feet, was inadequate. Under the credible proof of value, we find that the subject property had a fair market value of $10 a square foot, considering particularly the reasonable possibility for its undisputed highest and best use for...

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