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MATTER OF CITY OF NY (SALVATION ARMY)

43 N.Y.2d 512 (1978)

In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for a Project Known as Harlem-East Neighborhood Development Area, Bounded by East 106th Street and Other Streets in the Borough of Manhattan. Salvation Army, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1978.

Attorney(s) appearing for the Case

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

Michael J. Greco and Robert S. Gottlieb for respondent.

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

FUCHSBERG, J.

In this eminent domain proceeding, the sole question before us is whether financing costs that would have had to be expended in the course of reproducing a building situated on a taken parcel are to be included in an award properly calculated in accordance with the summation method (reproduction cost less functional and physical depreciation). We hold that they are.

The property, in the...

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