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MATTER OF CITY OF N.Y. (RECORD CTR.)

69 A.D.2d 111 (1979)

In the Matter of City of New York, Respondent, Relative to Acquiring Title to Real Property for Clinton Urban Renewal Project in the Borough of Manhattan. Franklin Record Center, Inc., Appellant

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

July 10, 1979

Attorney(s) appearing for the Case

M. Robert Goldstein of counsel (Samuel Goldstein & Sons, attorneys), for appellant.

Morris Einhorn of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondent.

MURPHY, P. J., and SULLIVAN, J., concur with MARKEWICH, J.; SANDLER and BLOOM, JJ., dissent in separate opinions.

MARKEWICH, J.

The issue before us is whether, in this proceeding in eminent domain, a claimant using a unique idea to bring about increased rental returns is to be deprived of the benefit of that idea by having a lesser hypothetical rent roll substituted for the actual rent roll. The subject 10-story, loft-type building was acquired in 1964 by the claimant from the City of New York for $340,000. For the next...

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