MTR. OF CITY OF N. Y. (CIVITANO)


45 A.D.2d 627 (1974)

In the Matter of The City of New York, Appellant-Respondent, Relative to Acquiring Title to Lands Required for the Widening of Bruckner Expressway from Bronx River to Havemeyer Avenue in the Borough of The Bronx. Onofrio R. Civitano et al., Respondents-Appellants; Humble Oil and Refining Company, Respondent

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

November 7, 1974.


Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan and Morris Einhorn of counsel), for appellant-respondent.

Michael J. Greco of counsel (Greco & Gottlieb, attorneys), for Onofrio R. Civitano and others, respondents-appellants.

George A. Burrell for Humble Oil and Refining Company, respondent.

NUNEZ, MURPHY and CAPOZZOLI, JJ., concur with McGIVERN, P. J.; KUPFERMAN, J., dissents in an opinion.


McGIVERN, P. J.

The fixture award of $10,707.50 to the tenant of the automotive service station, Humble Oil and Refining Company, must be reduced. The award clearly embraces an award or subsidy for new equipment, including new pumps and mercury vapor flood lights, installed in place of incandescent lighting, approximating some $5,000, which was improperly allowed.

Businesses affected by condemnation are...

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