MATTER OF CITY OF NEW YORK


49 A.D.2d 905 (1975)

In the Matter of The City of New York, Respondent-Appellant, Relative to Acquiring Title to Real Property for Marcus Garvey Park Village I (Stage II) Urban Renewal Project in The Borough of Brooklyn. Ash-Lip Realty Corp., Appellant-Respondent

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

October 14, 1975


Fifth separate and partial final decree modified, on the law and the facts, by increasing the award to claimant therein to $12,500. As so modified, fifth separate and partial final decree affirmed insofar as appealed from, without costs.

Under the particular circumstances and the state of the proof obtaining in this case, we find that the sum of $12,500 constitutes just compensation for the taking. We reject claimant's contention that the filing of a lis pendens...

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