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  5. 28 N.Y.2d 465 (1971)
 

MATTER OF CITY OF N. Y. (ATL. IMPROVEMENT)

28 N.Y.2d 465 (1971)

In the Matter of the City of New York, Respondent-Appellant, Relative to Acquiring Title to Real Property on the Lines of Rockaway Point Boulevard and Other Streets in the Borough of Queens. In the Matter of the City of New York, Respondent-Appellant, Relative to Acquiring Title to Real Property on the Lines of Beach 222nd Street, Queens and Other Streets in the Borough of Queens. Atlantic Improvement Corporation, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1971.

Attorney(s) appearing for the Case

David W. Peck for appellant-respondent.

J. Lee Rankin, Corporation Counsel (Morris Einhorn and Stanley Buchsbaum of counsel), for respondent-appellant.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion.

Per Curiam.

The award of $39,775,208 to claimant for condemnation in 1963 and 1964 by the City of New York of unimproved land in the Breezy Point section of Rockaway peninsula was over seven times the amount the same land in the substantially same condition of improvement had cost claimant three years before in 1960.

The court at Special Term expressly based its award both on "capitalization of estimated income...

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