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MATTER OF CITY OF NEW YORK

53 N.Y.2d 1023 (1981)

In the Matter of the City of New York, Respondent-Appellant, Relative to Acquiring Title to Real Property for a Project Known as College Point Industrial Park Urban Renewal Project II, Stage III within the Area Bounded by 15th Avenue and Other Streets in the Borough of Queens. Leo Marinello et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1981.

Attorney(s) appearing for the Case

Michael J. Greco, Thomas R. Newman, Ignatius John Melito and Louis G. Adolfsen for appellants-respondents.

Allen G. Schwartz, Corporation Counsel (Morris Einhorn and Leonard Koerner of counsel), for respondent-appellant.

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

MEMORANDUM.

On the appeal by the City of New York, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the matter remitted to the Apellate Division, Second Department, for a review of the facts.

Special Term awarded claimants a 5% value increment for plottage. The court noted that while the customary award for plottage is 10%, a lesser award was appropriate here because...

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