MATTER OF CITY OF NY (BROOKFIELD)


58 N.Y.2d 532 (1983)

In the Matter of the City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property Bounded by Third Avenue and Other Streets, Duly Selected as a Site for the South Bronx Neighborhood Development Plan (Bronxchester-Second Taking) in the Borough of The Bronx. Brookfield Refrigeration Corp. et al., Respondents-Appellants; Sidney Zoloto, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 1983.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Gary Schuller and Leonard Olarsch of counsel), for appellant-respondent.

Bernard L. Bermant and Carl J. Moskowitz for respondents-appellants.

Robert Abrams, Attorney General (Peter H. Schiff and Henderson G. Riggs of counsel), in his statutory capacity under section 71 of the Executive Law and CPLR 1012 (subd [b]).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in Per Curiam opinion.


Per Curiam.

In June, 1972 the City of New York condemned 51 parcels of private property for use in Stage II of the Bronxchester Urban Renewal Project. Claimants, owners of four of the affected parcels, filed fixture claims between April, 1974 and January, 1975. Following a lengthy trial, Special Term rendered a tentative compensation award on August 7, 1980 with interest at the statutory rate of 6% computed from the...

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