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MATTER OF CITY OF NEW YORK

40 N.Y.2d 1057 (1976)

In the Matter of the City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property for a Project Known as Harlem-East Harlem Development Area. 57 Columbia, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland (Morris Einhorn and L. Kevin Sheridan of counsel), for appellant-respondent.

Alfred D. Jahr for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the decree of Special Term reinstated. The trial court granted a condemnation award which exceeded the combined assessed valuation of the condemned land and its improvements. However, the Appellate Division, determining that the portion of the award attributable to land alone was $2,100 less than the land's assessed valuation, increased the total award...

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